HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.21170 of 2011 ORDER: Declaring the action of the 2nd respondent in imposing major penalty vide proceedings No.01/2(08)/10-RJNR, dated 09-08-2010, as illegal and arbitrary, the present writ petitions is filed. 2. The petitioner is working as a Driver in the respondents- Corporation. He was charged for occurring a major accident while he was driving the bus. He submitted his explanation. The 2nd respondent passed an order on 09-08-2010 without conducting any enquiry by imposing a penalty of deferment of annual increment for a period of two years, which shall have effect on future increments of the petitioner. Hence, the writ petition. 3. The grievance of the petitioner is that since it is a major punishment, it cannot be maintained unless it is imposed after holding an enquiry and giving an opportunity to the petitioner. Therefore, he approached this Court through this writ petition to declare that the action of the 2nd respondent is illegal and to direct the respondents- Corporation to add the deferred increments. 4. It is well settled that denial of increments with cumulative effect tantamount to a major penalty, and such penalty cannot be imposed by the disciplinary authority without holding a regular departmental enquiry in terms of relevant service regulations. 5. Having regard to the facts and circumstances of the case, the punishment of major penalty of deferment of annual increment for a period of two years with cumulative effect, imposed by the respondent, can be reduced with slight modification. Therefore, the impugned order of punishment is modified as deferment of annual increment for a period of two years without cumulative effect. The petitioner is not entitled for the difference of the amount if any by virtue of this Order, but he is entitled to get the increment on notional calculation from the date of this order to which he is entitled to. 6. The writ petition is, accordingly, disposed of. No costs. ___________________ JUSTICE K.C.BHANU 28th July 2011 KVR