THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.9101 of 2011 ORDER: The petitioner is working as a Conductor in the respondent – APSRTC. Disciplinary proceedings were initiated against him alleging that he misbehaved with one K.V. Ramana, a passenger on 26.07.2007. On the basis of the report submitted by the enquiry officer, the third respondent issued proceedings dated 18-09-2007 imposing a punishment of deferment of annual increment for a period of two years with cumulative effect and to show cause as to why the suspension period should not be treated as not on duty, straight away. Hence, the writ petition. Learned counsel for the petitioner submits that the third respondent without furnishing a copy of the enquiry report and without affording any opportunity of putting forth hearing, to the petitioner, straight away issued the impugned proceedings imposing punishment of deferment of annual increment for a period of two years with cumulative effect and calling upon the petitioner to show cause as to why the suspension period should not be treated as not on duty. He further submitted that the issue raised in this writ petition is squarely covered by the orders of this Court in W.P No. 18299 of 2005, dated 05.09.2005. Learned Standing Counsel for the respondent – Corporation admitted the same. He, however, opposed the relief contending that after considering the entire material on record, the impugned order was passed, and no interference is called for therewith. The issue raised in the present writ petition is squarely covered by the orders of this Court in W.P No. 18299 of 2005, dated 05.09.2005. The operative portion of the said order, reads as under: “Strictly speaking, the impugned order deserves to be set aside, and the matter needs to be remanded. However, having regard to the fact that nearly six years have elapsed, this Court does not find it proper, to subject the petitioner to another set of proceedings. Taking the totality of the circumstances, into account, the punishment of stoppage of increment shall be treated, as the one without cumulative effect. However, the petitioner shall not be entitled for any monetary benefit, up to the date of this order, on account the modification of the punishment. The writ petition is accordingly disposed of. There shall be no order as to costs.” Hence, following the orders of this Court in W.P No. 18299 of 2005, dated 05.09.2005, the present writ petition is also disposed of with the following direction. Accordingly, the impugned order dated 18.09.2007 passed by the third respondent, imposing punishment of deferment of annual increment for a period of two years with cumulative effect, is modified to that of deferment of two annual increments without cumulative effect. However, the petitioner shall not be entitled to any monetary benefits in pursuance of this order, but shall be entitled to fixation of pay only. K.C. BHANU,J Dt. 17.06.2011 lvl THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.9101 of 2011 Dt. 17.06.2011