IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 23670 of 1999 Between: P. Vekataiah S/o.Vasuram, R/o. Shadnagar, Mahabubnagar Dist. ..... PETITIONER AND 1 The Andhra Pradesh State Road Transport Corpn. rep. by its Managing Director, Musheerabad, Hyderabad. 2 The Andhra Pradesh State Road Transport Corpn. rep. by its Regional Manager, Mahabubnagar Region, Mahabubnagar Dist. 3 The Andhra Pradesh State Road Transport Corpn. rep.by its Dy.Chief Traffic manager, Mahabubnagar Dist. 4 The Andhra Pradesh State Road Transport Corpn. rep.by its Depot Manager, Gadwal Depot., ....RESPONDENTS 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 to call for the records from the Respondents and issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus, declaring that the order passed by the 2rd Respondent in proceedings No.PA/20(53)/96-Dy.C.T.M.MB dated 20- 11-1996 in imposing the punishment of deferment of annual increments for a period of one year is illegal, unjust, contrary to law, in violation of Article 14, 16 and 21 of the Constitution of India and grant all other consequential benefits to the petitioner and to pass Counsel for the Petitioner:MR.A.K.JAYAPRAKASH RAO Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No. 23670 of 1999 Order: The petitioner, who is working as Driver in the A.P. State Road Transport Corporation and attached to Gadwal depot of Mahabubnagar, filed the present writ petition questioning the order dated 20.11.1996, passed in proceedings No.PA/20(53)/96-Dy.CTM:MB by the Deputy Chief Traffic Manager, Mahabubnagar. The petitioner was appointed as Grade-II Driver under Regulation 17 of the Andhra Pradesh State Road Transport Corporation Employees Recruitment Regulations, 1966, on 09.05.1991. While the petitioner was driving the bus bearing No. AP 9 Z 866, on route Kurnool-Gadwal, on 07.04.1993, the same was involved in a fatal accident. Alleging negligence in driving the bus shall constitute misconduct as per the Andhra Pradesh State Road Transport Corporation Employees (Conduct) Regulations 1963, disciplinary proceedings were initiated against the petitioner. The petitioner was issued with a charge sheet dated 21.09.1993, for which the petitioner submitted his reply dated 24.09.1993, denying the charges leveled against him. Without following the procedure contemplated under the provisions of the Andhra Pradesh State Road Transport Corporation Employees (Classification, Control and Appeal) Regulations 1967, the Primary authority i.e., the Depot Manager, Gadwal, vide order dated 06.10.1993, by recording a finding that the charges leveled against the petitioner were proved, imposed punishment of deferment of annual increments for a period of two years, which shall have effect on his future increments. As against the said order, the petitioner carried the matter in appeal before the Deputy Chief Traffic Manager, Mahabubnagar, who, by impugned order dated 20.11.1996, has modified the punishment to that of deferment of annual increment for a period of one year, which shall have effect on his future increments. Aggrieved by the same, the petitioner filed the present writ petition. Heard Sri A.K. Jaya Prakash Rao, learned counsel for the petitioner, and the learned Standing Counsel for the respondent- APSRTC. It is contended by the learned counsel for the petitioner that though the petitioner submitted his explanation, denying the charges leveled against him, without considering the same and without conducting any enquiry, the punishment of deferment of increments was ordered. It is further contended that as much as the punishment of stoppage of increments, which shall have effect on future increments, would amounts to major punishment, the same could not have been imposed without following the disciplinary and appeal regulations. In support of his contention, the learned counsel has placed reliance on a judgment of this Court, passed in W.P. No.17698 of 2000, dated 30.10.2008. Though a counter affidavit is filed by the respondent-Corporation, they have not denied the allegation of the petitioner that subsequent to filing of reply to the charge sheet, no further enquiry was conducted. As per the disciplinary and appeal regulations framed by the Corporation, the stoppage of increment was classified as minor punishment, but in the case of Kulwanth Singh Gill v. State of Punjab[1], it was held by the apex Court that since the deferment of increments with its effect on future increments amounts to reduction of pay, it has to be treated as a major penalty. Based on the said judgment rendered by the apex Court, this Court also, in W.P. No. 17698 of 2000, has modified the punishment of stoppage of increments, which shall have its effect on future increments, to that of stoppage of increments simplicitor without any effect on future increments. In view of the submission made by the learned counsel for the petitioner that the issue raised in this writ petition is covered by the judgment of the apex Court in Kulwanth Singh Gill’s Case (1 supra) as well as the judgment of this Court, passed in W.P. No. 17698 of 2000, dated 30.10.2008, and following the same, the punishment as modified by the appellate authority, in his proceedings No.PA/20(53)/96- Dy.CTM:MB, dated 20.11.1996, is further modified to the effect that the punishment of deferment of increment for a period of one year with its effect on future increments shall be read as stoppage of increment for a period of one year simplicitor without any effect on his future increments. Consequently, the pay of the petitioner shall be re-fixed within a period of six weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is partly allowed to the extent as indicated above. No order as to costs. _____________________ R. SUBHASH REDDY, J. Date: 21.01.2009 Nsr [1] 1991 Supp (1) SCC 504