IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 8919 of 2005 Between: K.v.Rangaiah S/o.K.Rangayakulu R/o.D.No.13-3-113, Upstairs, Srinivasnagar, Ananthapur Anantapur District. ..... PETITIONER AND 1 The Depot Manager, APSRTC, Ananthapur Depost Ananthapur. 2 The Deputy Chief Traffic Manager, APSRTC Anantapur Region, Ananthapur. 3 The Regional Manager, APSRTC, Ananthapur Region, Ananthapur. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the proceedings No.03/2/(3)/94 APT dt.1.8.1994 of the 1st respondent, Proceedings No.St/19(299)/94. Dy.CTM.A dt.6.12.1996 of the 2nd respondent and proceedings No.PA/20(37)/97 RM-A dt.30.10.1999 of the 3rd respondent as illegal, arbitrary, in violation of Principles of natural justice and in violation of Art.14 and 21 of the constitution of India, and consequentially direct the respondents to add the increment to the pay of the petitioner when ever due falls as usually and pass such other or further orders. Counsel for the Petitioner:MR.Y.VENUGOPAL REDDY Counsel for the Respondent Nos.1 to 3: MR.P.VINAYAKA SWAMY (SC FOR APSRTC) The Court at the admission stage made the following O R D E R: The petitioner was appointed as Conductor in the respondent-Corporation. While so, the petitioner was issued a charge sheet dated 17.02.1994 alleging certain cash and ticket irregularities. He submitted his explanation. The first respondent by proceedings dated 01.08.1994 imposed the penalty of deferment of annual increment for a period of six months, which shall have effect on future increments of the petitioner. Against that order, the petitioner preferred an appeal to the second respondent and the same was rejected by order dated 06.12.1996. The revision preferred by the petitioner was also rejected by order dated 30.10.1996. Hence this writ petition. The petitioner contends that imposing the punishment of postponement of increments with cumulative effect is a major penalty and the same cannot be imposed without conducting any enquiry. 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 any enquiry. Accordingly, the writ petition is disposed of modifying the punishment imposed on the petitioner to that of deferment of annual increment for a period of six months, which shall not have the effect of postponing the future increments. By virtue of this order, petitioner is not entitled for any monetary benefits from the date of punishment till this date. But, however, he is entitled for increments on notional calculation. No order as to costs. ________________ (K.C.BHANU,J) Dt:19th April, 2005 usd To 1 The Depot Manager, APSRTC, Ananthapur Depost Ananthapur. 2 The Deputy Chief Traffic Manager, APSRTC Anantapur Region, Ananthapur. 3 The Regional Manager, APSRTC, Ananthapur Region, Ananthapur. 4 Two CD copies