IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 7398 of 2005 Between: K.R. Reddy, S/o. Prabhakar, E.97574, R/o. Nalgonda, Nalgonda District. ..... PETITIONER AND 1 The Regional Manager, APSRTC, Nalgonda Region, Nalgonda District. 2 The Depot Manager, APSRTC, Nalgonda Division, Nalgonda District. 3 The Depot Manager, APSRTC, Narkatpally Depot, Nalgonda District. .....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 issue an order, direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing the Proceedings No. 02/95(52)/99-NKP Dt. 06-1-2000 as illegal, arbitrary and unjust and consequently set aside proceedings No. 02/95(52)/99-NKP Dt. 06-1-2000 issued by the 3rd Respondent and pass such further other order or orders as this Hon'ble Court may deem fit and proper under the circumstances of the case. Counsel for the Petitioner: MR.G.RAVI MOHAN Counsel for the Respondent Nos.1 to 3: MR.V.T.M.PRASAD (S.C.FOR APSRTC) The Court at the admission stage made the following: ORDER: Declaring the action of the 3rd respondent in issuing proceedings No.02/95(52)/99- NKP, dated 06.01.2000, as illegal and arbitrary, the present writ petition is filed. Heard the learned Counsel for the petitioner and the learned standing Counsel for the respondents. After issuing charge sheet the impugned proceedings have been passed withholding the annual increment of the petitioner for a period of one year, which shall have effect on his future increments. There cannot be any dispute that major penalty cannot be imposed without conducting any departmental enquiry. Withholding of annual increment for a period of one year with cumulative effect is a major penalty, which cannot be imposed unless preceded by an enquiry. Therefore, the impugned proceedings dated 06.01.2000 are set aside. The respondents are directed to conduct a regular departmental enquiry, after affording reasonable opportunity to the petitioner, in accordance with law, rules and regulations of the Corporation, and take appropriate decision. The Writ Petition is, accordingly, allowed to the extent as indicated above. No order as to costs. Dated: 05.04.2005 Dsr ASSISTANT REGISTRAR To: 1. The Regional Manager, APSRTC, Nalgonda Region, Nalgonda District 2. The Depot Manager, APSRTC, Nalgonda Division, Nalgonda District 3. The Depot Manager, APSRTC, Narkatpally Depot, Nalgonda District 4. Two CD copies Form-NIC-OGS/WP{RLD}