HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No: 15235 of 2007 Dated 26-10-2010 Between: S.Janaiah. ..... PETITIONER. And: APSRTC, rep. by it Managing Director, Musheerabad, Hyderabad and others. ....RESPONDENTS. HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No: 15235 of 2007 ORDER: By proceedings dated 20-11-2002, the Depot Manager, Kodad Depot, of the Andhra Pradesh State Road Transport Corporation (APSRTC) imposed upon the petitioner conductor the punishment of withholding his increments for a period of three years which would have effect on his future increments. The said order was confirmed in appeal by the Divisional Manager, A.P.S.R.T.C., Suryapet Division, Nalgonda District under proceedings dated 28-8-2003. Aggrieved thereby, the petitioner preferred this writ petition. The matter is squarely covered by the judgment of the Supreme Court in Kulwant Singh Gill vs State of Punjab ([1]). Once the A.P.S.R.T.C. wished to withhold the increments payable to the petitioner conductor which would have effect on his future increments, the same amounts to a major penalty and necessarily had to be preceded by a full-fledged enquiry. Though the A.P.S.R.T.C. claims to have conducted an enquiry in the present case, it was admittedly behind the back of the petitioner. That being so, the punishment imposed upon the petitioner basing on such irregular procedure cannot stand. It is pointed out by Sri V. Narasimha Goud, learned counsel for the petitioner, that the A.P.S.R.T.C. also violated Regulation 12 (13) of the A.P.S.R.T.C. (Classification, Control and Appeal) Regulations, 1967, inasmuch as a second show cause notice was not issued prior to the imposition of this major punishment as required thereunder. He placed reliance in this regard on an unreported decision of this Court in W.P.No.17698 of 2000 as well as the judgment of a learned judge of this Court in KOTTAPATI JAYACHANDRA REDDY v. DEPOT MANAGER, APSRTC, KADIRI DEPOT, ANANTAPUR DISTRICT AND OTHERS ([2]). There is no dispute that the A.P.S.R.T.C. failed to issue the second show cause notice, which was required under Regulation 12 (13) of the Regulations of 1967. That being so, the punishment imposed stands vitiated on this count also. The writ petition is accordingly disposed of modifying the punishment imposed on the petitioner to that of withholding of three annual increments without cumulative effect, a minor penalty. In the circumstances, there shall be no order as to costs. ______________________ JUSTICE SANJAY KUMAR Dated 26-10-2010. Dvs HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No: 15235 of 2007 Dated 26-10-2010 [1] 1991 Supp (1) SCC 504 [2] 2005 (6) ALD 247