IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO: 1593 of 2005 Between: P.Sreenivasulu, S/o.Narayana, R/o.H.No.1-808/A Revenue Colony, Kadtri post, Ananthapur Dist. ... PETITIONER AND The Depot Manager, APSRTC, Kadiri Depot, Ananthapur 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 may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the proceedings No.02/95(198)-01 KBR dated 16-4-2002 of the respondent as illegal, arbitrary in violation of principles of natural justice and violation of Art. 14 and 21 of the Constitution of India and consequently direct the respondent to add one annual increment to pay of the petitioner. Counsel for the Petitioner: S.SURENDRA KUMAR Counsel for the Respondent: MR.P.VINAYAKA SWAMY The Court, at the admission stage, made the following: ORDER: Alleging that petitioner has committed certain irregularities, a chargesheet was issued to him on 28-09-1991 calling for his explanation. The writ petitioner gave his explanation denying the charges. Without conducting any enquiry, the disciplinary authority imposed a penalty of deferment of one annual increment with cumulative effect, by its proceedings dated 22-01-1992. Questioning the same, the present writ petition is filed. 2. Learned counsel appearing for the writ petitioner contended that imposing a major penalty without conducting any enquiry is illegal and since the incident in question has taken place long back, instead of remitting the matter to the Disciplinary Authority, he prays to add one annual increment to the pay of the petitioner. 3. For certain irregularities committed by the petitioner, a chargesheet was issued to the petitioner and an explanation was called for. Without conducting any enquiry, a penalty of deferment of one annual increment, with cumulative effect, was imposed on him. There cannot be any dispute that imposing the penalty of deferment of one annual increment with cumulative effect, is a major penalty. But such a major penalty cannot be imposed without conducting any departmental enquiry. Though it is matter to be remitted back to the Disciplinary Authority for appropriate decision, as the incident in question took place long back, therefore, considering the facts and circumstances of the case, minor penalty can be imposed on the petitioner. In the result, the writ petition is disposed of modifying the penalty passed by the Disciplinary Authority to that of deferment of one annual increment without cumulative effect. In the circumstances, no costs. ________________ K.C. BHANU, J February 3, 2005 MRR Copy to: 1. The Depot Manager, APSRTC, Kadiri Depot, Ananthapur District. 2. Two C.D. Copies.