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 : 9001 of 2005 Between: A.U.Chary, s/o Brahmaiah, Conductor, E.306525, r/o Brahmanakothapally (P), Nellukuduru (M), Warangal District. ..... PETITIONER AND 1 The Regional Manager, APSRTC, Warangal Region, Warangal District. 2 The Divisional Manager, APSRTC, Warangal Division, Warangal District. 3 The Depot Manager, APSRTC, Mahabubad Bus Depot, Warangal District. .....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 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.01/2(6)/94-MHBD, dated 27-8-1994 as illegal arbitrary and unjust and consequently set aside the proceedings No.01/2(6)/94-MHBD, dated 27-8-1994 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: SMT.P.RAJANI REDDY The Court at the admission stage made the following O R D E R: Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents. The petitioner questions the order dated 27.08.1994 imposing punishment of postponement of annual increments for a period of two years, which shall have the effect of postponing the future increments. 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. This Court in S.K.Mastan v. Managing Director, APSRTC, held that imposition of punishment of postponement of increments with cumulative effect is a major penalty and the same cannot be imposed unless preceded by an enquiry. Having regard to the facts and circumstances of the case and following the above judgment, I am inclined to modify the punishment imposed on the petitioner to that of postponement of two annual increments without cumulative effect. Accordingly, the writ petition is disposed of modifying the punishment imposed on the petitioner to that of postponement of two annual increments, 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. However, he is entitled for increments on notional calculation. No costs. _______________ (K.C.BHANU,J) Dt:21st April, 2005 usd To 1 The Regional Manager, APSRTC, Warangal Region, Warangal District. 2 The Divisional Manager, APSRTC, Warangal Division, Warangal District. 3 The Depot Manager, APSRTC, Mahabubad Bus Depot, Warangal District. 4 2 CD copies 5 1 CC to MR.RAVI MOHAN Form-NIC-OGS/WP{RS}