THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Writ Petition No.4462 of 2001 Dated:25th November, 2010 Between: Y.N.Murthy ..... Petitioner AND 1. The APSRTC rep. by its Vice Chairman & Managing Director, Mushirabad, Hyderabad & Anr. .....Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.4462 of 2001 ORDER: This Writ Petition has been filed by Y.V.Murthy with a prayer to issue a writ of Certiorari calling for the records relating to 01/25(2)/98- NDK, dated 26.11.1998, on the file of the Depot Manager, APSRTC, Nandikotkur Depot, Kurnool District-2nd respondent and quash the same. 2. The petitioner is a driver in Nandikotkur Depot, APSRTC. A charge-sheet came to be served on him on 03.07.1998 calling for his explanation for abusing the service conductor of the bus bearing No.AP 10 Z 2787 while conducting the bus from Kurnool to Nandikotkur on 28.06.1998. The enquiry officer submitted his report dated 13.11.1998 finding the petitioner guilty of the charges leveled against him. On the basis of the report submitted by the enquiry officer, the impugned final order-cum-show-cause notice dated 26.11.1998 came to be issued. In the show-cause notice, punishment of deferment of two annual increments with cumulative effect has been imposed and also called upon the petitioner to explain as to why suspension period should not be treated as ‘not on duty’ for the purpose of leave, wage and increments. Assailing the said punishment-cum-show cause notice dated 26.11.1998, the petitioner filed this Writ Petition. 3. Rule Nisi came to be issued on 15.03.2001. The respondents filed counter-affidavit. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents-Corporation. 5. Learned counsel appearing for the petitioner submits that the Depot Manager, APSRTC, Nandikotkur Depot, Kurnool District-2nd respondent without furnishing the copy of the enquiry report and without affording any opportunity of hearing to the petitioner, straightaway issued proceedings imposing punishment of deferment of two annual increments with cumulative effect and calling upon the petitioner to explain as to why suspension period should not be treated as ‘not on duty’ for the purpose of leave, wage and increments. He further submits that the issue raised in this writ petition is squarely covered by the orders of this Court in W.P.No.18299 of 2005, dated 05.09.2005. 6. Learned Standing Counsel appearing for the respondents- Corporation admitted the same. She, however, opposed the relief contending that after considering the entire material on record, the impugned order was passed, and no interference is called for therewith. 7. The issue raised in the present writ petition is squarely covered by the order of this Court in W.P.No.18299 of 2005, dated 05.09.2005. The operative portion of the said order reads as hereunder: “Strictly speaking, the impugned order deserves to be set aside, and the matter needs to be remanded. However, having regard to the fact that nearly six years have elapsed, this Court does not find it proper, to subject the petitioner to another set of proceedings. Taking the totality of the circumstances, into account, the punishment of stoppage of increment shall be treated, as the one without cumulative effect. However, the petitioner shall not be entitled for any monetary benefit, upto the date of this order, on account of the modification of the punishment. The writ petition is accordingly disposed of. There shall be no order as to costs.” 8. Following the orders of this Court passed in W.P.No.18299 of 2005, dated 05.09.2005, this Writ Petition is disposed of with the following direction: The impugned order dated 26.11.1998 passed by the Depot Manager, APSRTC, Nandikotkur Depot, Kurnool District-2nd respondent imposing punishment of deferment of two annual increments with cumulative effect is modified to that of deferment of two annual increments without cumulative effect. However, the petitioner shall not be entitled to any monetary benefits arising out of this order, but shall be entitled to fixation of pay only. 9. Accordingly, the Writ Petition is disposed of. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:25th November, 2010. cs THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Writ Petition No.4462 of 2001 Dated:25th November, 2010