THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.6078 OF 2011 O R D E R: The writ petitioner, who is a driver engaged with the A.P. State Road Transport Corporation (APSRTC), while driving bus bearing No.AP9Z 6988, met with an accident, in which he himself has sustained a grievous injury. He was proceeded against as a measure of discipline and the Depot Manager of Hyderabad-II Depot, Dilsukhnagar, without appreciating the mechanical failure which contributed to the accident had concluded that the writ petitioner is guilty of misconduct and imposed the penalty of postponing the annual increment for a period of two years, which will have effect on his future increments. The Depot Manager passed these orders on 20th April 1999. The appeal preferred there against to the Deputy Chief Traffic Manager, Ranga Reddy Region was rejected on 28th September 1999. However, Sri Narasimha Goud, the learned counsel for the writ petitioner, submits that the Depot Manager has not complied with the requirement of Regulation 12 (13) of the A.P.S.R.T.C. (Classification, Control and Appeal) Regulations,1967, i.e., putting the writ petitioner on notice as to the punishment, which is to be imposed on him. Hence, the punishment order is vitiated. When once the Regulation 12 (13) mandated a notice is to be issued to the employee providing an opportunity to oppose the punishment proposed to be imposed, failure to comply with the same by the disciplinary authority amounts to violation of a fair and reasonable opportunity of hearing. Hence, for this reason alone the order of punishment deserves to be set at naught. However, the writ petitioner approached this Court after more than ten years. It is, therefore, only appropriate that the punishment of deferment of annual grade increment with cumulative effect passed by the Depot Manager should be modified to that of deferment of annual grade increment for a period of two years without cumulative effect. However, the petitioner shall not be entitled to claim any monetary benefit till the end of March 2011 arising from out of the above modification. However, from 1st April 2011 onwards, the pay of the writ petitioner be regulated, duly releasing the annual grade increment, which was withheld because the punishment is now modified to that of non-cumulative effect. The writ petition is disposed of accordingly. No costs. Heard Smt. W.V.S. Rajeswari, who is fair enough to state that in all similar cases, including in W.P.No.15235 of 2007, this Court has adopted consistently the same view. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 11th March 2011 bud