IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 8312 of 2005 Between: G.V.K. Reddy, S/o. Bali Reddy, S/o. Balireddy, Vidyanagar, Karimnagar, Karimnagar District. ..... PETITIONER AND The Depot Manager, A.P.S.R.T.C. Karimnagar-I Depot, Karimnagar 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 Writ, Order or directions, more in the nature of Writ of Mandamus declaring the Office Order dated 4-5-1999 passed by the respondent herein as illegal and arbitrary and contrary to APSRTC CC &A Regulations and set aside the same with all consequential benefits including arrears. Counsel for the Petitioner: MR.P.GOVINDA RAJULU, Advocate Counsel for the Respondent: SMT.P.RAJANI REDDY , S.C. for A.P.S.R.T.C. The Court made the following : ORAL ORDER: This writ petition is filed seeking a Mandamus to declare the Office Order No.02/95(28)/99-KRMR-I, dated 4.5.1999 passed the respondent imposing the punishment of withholding of annual increment for a period of two years which shall have effect on petitioner’s future increments as illegal and arbitrary. The petitioner is working as a Conductor in the respondent- corporation. He was charged for committing some cash and ticket irregularities on 5.2.1999. He submitted his explanation. The respondent passed on order, dated 4.5.1999 without conducting any enquiry by imposing a penalty of deferment of annual increment for a period of two years, which shall have effect on future increments of the petitioner. The petitioner preferred an appeal, which was dismissed. Hence, the writ petition. 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. 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 the relevant service regulations. Having regard to the facts and circumstances of the case, the punishment of major penalty of deferment of annual increment for a period of two years with cumulative effect, imposed by the respondent can be reduced with slight modification. Therefore, the impugned order of punishment is modified as deferment of annual increment for a period of two years without cumulative effect. The petitioner is not entitled to the difference of the amount if any by virtue of this Order, but he is entitled to get the increment on notional calculation from the date of this Order to which he is entitled. The writ petition is accordingly disposed of. No costs. _______________ (K.C. BHANU, J.) 15th April, 2005 bcj To 1 The Depot Manager, A.P.S.R.T.C. Karimnagar-I Depot, Karimnagar District. 2 Two C.D. copies