IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 25129 of 2004 Between: D.Rajanna, s/o Pochetty, C/o Mancherial Bus Depot, Mancherial, Adilabad District. ..... PETITIONER AND 1 The Regional Manager, APSRTC, Adilabad Region, Adilabad District. 2 The Divisional Manager, ASPRTC, Adilabad Division, Adilabad District. 3 The Depot Manager, APSRTC, Mancherial Bus Depot, Adilabad District. .....RESPONDENTS 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 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 (11)/98-MNCL, Dated 14-12-1998 as illegal, arbitrary and unjust and consequently set aside the proceedings No.01/2(11)/98-MNCL, dated 14-12-1998 issued by the 3rd respondent and pass such further other order or orders Counsel for the Petitioner:MR.G.RAVI MOHAN Counsel for the Respondents: SMT.P.RAJANI REDDY The Court made the following : ORDER: Heard both the counsel. The petitioner questions the order dated 14.12.1998 imposing punishment of postponement of annual increment 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 an 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 increments without cumulative effect instead of initiating disciplinary proceedings once again, for which the respondents have no objection. Accordingly, the writ petition is disposed of modifying the punishment imposed on the petitioner to that of postponement of annual increment for a period of two years which shall not have the effect of postponing the future increments. No costs. ____________ 31.12.2004 bsv To 1 The Regional Manager, APSRTC, Adilabad Region, Adilabad District. 2 The Divisional Manager, ASPRTC, Adilabad Division, Adilabad District. 3 The Depot Manager, APSRTC, Mancherial Bus Depot, Adilabad District. 4 2 CD copies