1THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 15341 of 1999. ORDER: This writ petition has been instituted by a Motor Winding Mechanic of the A.P.S.R.T.C. calling in question the correctness and validity of the order dt. 25.2.1999 passed by the Depot Manager, Asifabad Depot, Adilabad District imposing a penalty of withholding the annual increment, which falls due for a period of two years, with cumulative effect. After considering the elaborate submissions made by the learned Counsel for the writ petitioner as well as the learned Standing Counsel for the A.P.S.R.T.C., it is pointed out by me on 10.10.2010 that imposition of penalty of withholding an increment with cumulative effect is a major punishment and hence the Disciplinary Authority is required to follow the procedure necessary for imposition of such a major penalty, which was not followed, in the instant case. It was also pointed out that penalty to be imposed must necessarily be commensurate to the quantum of guilt held established on the part of the employee also. At that stage, the learned Standing Counsel suggested that an opportunity may be given to the Disciplinary Authority to reconsider the entire matter. Accordingly, an opportunity was granted to the 2nd respondent, Depot Manager to reconsider the order of penalty imposed by him, which is impugned in this writ petition. Today, the learned Standing Counsel for the APSRTC Sri.Sridhar Reddy has brought to my notice that the Depot Manager, Asifabad upon reconsideration of the entire matter passed orders dt. 29.6.2010 modifying the order dt. 25.2.1999 to that of deferment of annual increment for a period of two years without cumulative effect on his future increments. A copy of this order has also been made available to the learned Counsel for the writ petitioner, apart from communicating it to the petitioner and it is also placed before me and the said order dt. 29.6.2010 is taken on record. In view of this development, the learned Counsel for the writ petitioner, upon instructions submits that the cause in the writ petition does not survive for further adjudication. Hence, the writ petition is dismissed as infructuous. There shall be no order as to costs. ______________________________ NOOTY RAMAMOHANA RAO,J 07.07.2010. KRB. THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 15341 of 1999. DT. 07.07.2010.