THE HON’BLE SRI JUSTICE C.V. RAMULU Friday, 14th day of December,2007 W.P.No.24650 of 2007 Between:- N. Srinivasa Rao … Petitioner and Depot Manager, APSRTC, Giddalur Depot, Prakasam District and others … Respondents THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.24650 of 2007 ORAL ORDER: This Writ Petition is filed seeking a Mandamus declaring the Proceedings of the 1st respondent dated 2-11-2004 as confirmed by the 2nd respondent vide Proceedings dated 25-11-2005 and further by the 3rd respondent through Proceedings dated 4-2-2006 as arbitrary and illegal and consequently, to set aside the punishment imposed against the petitioner. Though the learned counsel appearing for the respondents disputed the contention of the petitioner that the issue that arises for consideration in this Writ Petition is covered by the Judgment in DEPOT MANAGER, A.P.S.R.T.C., ANANTAPUR DISTRICT v. K. ADIREDDY[1], in the facts and circumstances, I am of the considered opinion that the issue that arises for consideration is squarely covered by the said Judgment. In the said case, it was held that as per the Regulations framed by the Corporation itself in withholding of increments with cumulative effect would squarely be a major penalty and it would attract the regular procedure under the Regulations for an enquiry after following due notice and opportunity to the employee. Admittedly, in the instant case, the impugned Order dated 2-11-2004 was issued without conducting enquiry. In the circumstances, I am of the view that the Writ Petition is liable to be disposed of in terms of the said Judgment. Accordingly, the punishment imposed against the petitioner under the impugned Order dated 2-11-2004 passed by the 1st respondent, which is confirmed by respondents 2 and 3, is modified to that of ‘withholding of annual increment for a period of one year without cumulative effect’. However, the petitioner is entitled for the benefits from the date of this order. Accordingly, this Writ Petition is disposed of. No order as to costs. 14-12-2007 prk [1] 2006(4) ALD 501 (DB)