IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE Dr. JUSTICE G.YETHIRAJULU WRIT PETITION No. 18491 of 2004 Between: D.S.Reddy, S/o D.Bal Reddy, aged 35 years, APSRTC, Nagarkurnool Bus Depot, Mahabubnagar District ..... PETITIONER AND The Depot Manager, APSRTC Nagarkurnool Bus Depot, Mahabubnagar District .....RESPONDENT 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondent in imposing the punishment of deferment of annual increment next fall of the petitioner deferred for a period of one year which shall have effect on future increments, as bad, arbitrary illegal, unjust, unreasonable and violative of principles of natural justice and contrary to the judgments of this Hon'ble Court and also the apex court by setting aside the final order No.102/62(61)/97-NGKL dated 15-11-1997 of the respondent herein and consequently direct the respondent to add the deferred increment and pay the arrears. Counsel for the Petitioner: MR.P.VENKATESWER RAO Counsel for the Respondent: MR.P.VINAYAKA SWAMY (SC FOR APSRTC) The Court made the following: ORDER: The petitioner is working as a Conductor in the respondent Corporation. He was charged for an irregularity in collecting fare and issuing tickets to the passengers. He submitted his explanation. The respondent passed an order on 15.11.1997 without conducting any enquiry by imposing a penalty of deferment of annual increment for a period of one year, which shall have effect on future increments of the petitioner. 2. The grievance of the petitioner is that since it is a major punishment, it cannot be maintained unless it is imposed after holding an enquiry and giving an opportunity to the petitioner. Therefore, he approached this Court through this writ petition to declare that the action of the respondent is illegal and to direct the respondent to add the deferred increment. 3. 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 a regular departmental enquiry in terms of relevant service regulations. 4. Having regard to the facts and circumstances of the case, the punishment of major penalty of deferment of one increment with cumulative effect, imposed by the respondent, can be reduced with slight modification. Therefore, the impugned order of punishment is modified as deferment of one increment without cumulative effect. The petitioner is not entitled for the difference of the amount if any by virtue of this Order, but he is entitled to get the increments on notional calculation from the date of this Order to which he is entitled. 5. The writ petition is, accordingly, disposed of. No costs. dsr ASSISTANT REGISTRAR To: 1. The Depot Manager, APSRTC, Nagarkurnool Bus Depot, Mahabubnagar District 2. Two CD copies.