IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 5717 of 2005 Between: G.G.S. Rao, E. 457383, Conductor, Maddilapalem Depot, S/o Chinnayya Dora, R/o Maddilapalem, Visakhapatnam District. ..... PETITIONER AND 1 The APSRTC, rep. by its Regional Manager, Vizianagaram Region at Vizianagaram. 2 The Depot Manager, APSRTC, Vizianagaram Depot, Vizianagaram. 3 The APSRTC, rep. by its Regional Manager, Visakhapatnam. 4 The APSRTC, rep. by its Depot, Manager, Maddilapalem, Visakhapatnam. .....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 issue a writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents herein in imposing the punishment of deferment of annual increment for a period of 1 year with cumulative effect without holding any departmental enquiry vide Proc.No. PA/62(159)/91- Vizianagaram, dt. 17-8-1991; as illegal, unjust, contrary to well established principles of law and as such liable to be set aside by further directing the respondents to refix the pay of the petitioner by adding the deferred increment w.e.f. 17-8-1991 and to pay the arrears forthwith and pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.S.M.SUBHAN Counsel for the Respondent Nos.1 to 4: KUM.B.G.UMA DEVI The Court at the admission stage made the following: ORDER: Declaring the action of the 2nd respondent in imposing major penalty vide proceedings No.PA/62(159)/91-Vizianagaram, dated 17.08.1991, as illegal and arbitrary, the present writ petition is filed. The petitioner is working as a Conductor in the respondent Corporation. He was charged for certain cash and ticket irregularities. He submitted his explanation. The 2nd respondent passed an order on 17.08.1991, without conducting any enquiry, by imposing a penalty of deferment of annual increment for a period of one year, which shall have effect on future increments of the petitioner. The petitioner preferred an appeal to the appellate authority and the same was rejected. Hence the writ petition. 2. 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 respondents is illegal and to direct the respondents to add the deferred increment. 3. 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 relevant service regulations. 4. Having regard to the facts and circumstances of the case, the punishment of major penalty of deferment of annual increment for a period of one year with cumulative effect, imposed by the 2nd respondent, can be reduced with slight modification. Therefore, the impugned order of punishment is modified as deferment of annual increment for a period of one year without cumulative effect. The petitioner is not entitled for 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. 5. The writ petition is, accordingly, disposed of. No costs. Dated: 25.03.2005 Dsr ASSISTANT REGISTRAR To: 1. The Regional Manager, APSRTC, Vizianagaram Region, Vizianagaram 2. The Depot Manager, APSRTC, Vizianagaram Depot, Vizianagaram 3. The Regional Manager, APSRTC, Visakhapatnam 4. The Depot Manager, APSRTC, Maddilapalem, Visakhapatnam 5. Two CD copies Form-NIC-OGS/WP{AVLR}