IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 23500 of 2004 Between: D. Rajanna, S/o. D. Narayanappa, Occ:Conductor, aged about 33 years, R/o. Vani Street, Kadiri, Anantapur District. ..... PETITIONER AND 1 The Depot Manager, A.P.S.R.T.C. Kadiri Depot, Kadiri, Anantapur District. 2 The Divisional Manager, A.P.S.R.T.C. Hindupur Regional, Anantapur 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 issue a writ or order or orders, or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in imposing major penalty vide proceedings No. 02/62(65)/93-KD dated 22-6-1993 without conducting enquiry and confirming the same by the 2nd respondent through proceedings No. PA/19(117)/94-DVM-HDP dated 31-7-1994 as illegal, arbitrary, unjustified, unsustainable contrary to law and violation of principles of natural justice and set-aside the same and consequently direct the respondents to add two annual increments to the pay of the petitioner and pass such other and further order or orders. Counsel for the Petitioner: MR.A.RAMA RAO Counsel for the Respondents: MR.P.VINAYAKA SWAMY The Court made the following: ORDER: Declaring the action of the 1st respondent in imposing major penalty vide proceedings No.02/62(65)/93-KDR dated 22.06.1993, 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 an irregularity in collecting fare and issuing tickets to the passengers. He submitted his explanation. The 1st respondent passed an order on 22.06.1993 without conducting any enquiry by imposing a penalty of deferment of annual increment for a period of two years, which shall have effect on future increments of the petitioner. The petitioner preferred an appeal to the 2nd respondent 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 increments. 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 two years with cumulative effect, imposed by the 1st respondent, can be reduced with slight modification. Therefore, the impugned order of punishment is modified as deferment of annual increment for a period of two years 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 increments on notional calculation from the date of this Order to which he is entitled. 5. The writ petition is, accordingly, disposed of. No costs. dsr ASSISTANT REGISTRAR To: 1. The Depot Manager, APSRTC, Kadiri Depot, Kadiri, Anantapur District 2. The Divisional Manager, APSRTC, Hindupur Region, Anantapur District 3. Two CD copies.