THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.25560 of 2009 Dated: 30.04.2010 Between: D. Venkateswara Rao. .. Petitioner. And The Divisional Manager, APSRTC, Krishna Division, Krishna District, and another. .. Respondents. ORDER: This writ petition is filed for a direction to the 1st respondent- Divisional Manager, APSRTC, Krishna Division, Krishna district, to consider the representation dated 12.8.2008 submitted by the petitioner and pass appropriate orders as per APSRTC Regulations and law. There is no necessity of going into all the details. It appears, by order in proceedings No.02/95(36)/97-VYR dated 24.6.1995 petitioner was imposed with a major punishment of stoppage of one annual grade increment with cumulative effect on the allegation of desertion of duties on 5.11.1997 and similarly by order in proceedings No.P2/1(18)/95-VYR dated 6.2.1997, he was imposed with a major punishment of stoppage of two annual grade increments with cumulative effect, on the allegations of absenteeism from 4.6.1995 to 24.6.1995 and both the punishments were imposed without conducting detailed enquiry. In spite of granting sufficient time to the management to file counter affidavit, no counter affidavit has been filed rebutting the averments of not conducting detailed enquiry by the management before imposing the impugned punishments. The law is well settled that major punishment cannot be imposed without conducting a detailed enquiry into the allegations levelled against a delinquent. In view of the same, though the writ petition is filed seeking disposal of the representation dated 12.8.2008, instead of directing the authorities to consider the representation filed by the petitioner on 12.8.2008, I deem it appropriate to dispose of the writ petition itself treating it as Writ of Mandamus challenging the proceedings dated 24.6.1995 and 6.2.1997 whereunder the petitioner was imposed with punishment of stoppage of annual grade increment for a period of one year with cumulative effect and stoppage of annual grade increments for a period of two years with cumulative effect. Having regard to the facts and circumstances of the case, the orders dated 24.6.1995 and 6.2.1997 are liable to be set aside. However, since there is some allegation on the part of the petitioner, I deem it appropriate to resolve the dispute here itself by modifying the order dated 24.6.1995 as also the order dated 6.2.1997, as under: “The punishment of stoppage of one annual grade increment with cumulative effect imposed by order dated 24.6.1995 is modified to that of punishment of stoppage of one annual grade increment without cumulative effect and simultaneously the punishment of stoppage of two annual grade increments with cumulative effect imposed by order dated 6.2.1997 is modified to that of punishment of stoppage of two annual grade increments without cumulative effect and the petitioner-workman shall be paid all the consequential benefits thereof expeditiously”. With the above modification, the writ petition is disposed of. No order as to costs. ______________ C.V.RAMULU, J Date: 30.4.2010 v v