THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.11750 OF 2008 DATED 9TH SEPTEMBER, 2010 BETWEEN T.Munikrishnaiah … Petitioner And Southern Power Distribution Company of AP Limited, Tirupati represented by its Chairman and Managing Director. … Respondent THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.11750 OF 2008 ORDER: By way of this writ petition, the petitioner, a General Manager in the Southern Power Distribution Company of Andhra Pradesh Limited (APSPDCL), challenged the proceedings dated 04.12.2007 whereby he was imposed with the punishment of stoppage of one increment without cumulative effect which was confirmed in appeal by proceedings dated 16.02.2008. This Court, by interim order dated 10.06.2008, granted interim suspension of the orders impugned, being of the opinion that the petitioner was being targeted only to deny him further promotion. This Court observed as under: “Prima facie, this Court is of the view that the petitioner has been targeted only to deny him the further promotion. As late as on 07.05.2008, the respondents declared the probation of the petitioner in the post of Superintending Engineer, on being satisfied with the performance of the petitioner. The allegations made against the petitioner mostly relate to his alleged inability to persuade the lower staff. Not a single act of commission or omission was alleged against the petitioner. The petitioner states that he has been transferred from Nellore to Tirupati, under the pressure from Workers’ Union. Having subjected the petitioner to such transfer, the respondents cannot expect the petitioner to go on overdrive, to extract work from the Workers. All the same, the facts and figures furnished by the petitioner, in his explanation, prima facie, prove that the allegations, as to lack of persuasive capacity in the petitioner; are not correct. He has not only furnished the facts and figures, in relation to collection of amounts, and fixation of the meters, but also has stated the reasons for the minor shortfalls. Except stating that the explanation offered by the petitioner is not satisfactory, not a word is said about the merit, or otherwise of the same. Hence, there shall be interim suspension of the impugned order.” The said order was made absolute on 11.09.2008 and attained finality. It is now stated that the petitioner was thereafter promoted to the post of Chief Engineer and retired from service on 31.05.2010. In that view of the matter, the punishment imposed upon the petitioner with regard to stoppage of one increment without cumulative effect on charges which appear to be trivial to say the least, as pointed out by this Court in the interim order dated 10.06.2008, cannot be permitted to have a continuing adverse affect on the petitioner. By its own reckoning, the APSPDCL overlooked this punishment and granted further promotion to the petitioner and also continued to extend increments to him during the period of his service. Sri P.R.Balarami Reddy, learned standing counsel for the APSPDCL, fairly conceded that his client is not insistent upon pressing the punishment against the petitioner at this stage. The Writ Petition is accordingly allowed setting aside the impugned punishment of stoppage of one increment without cumulative effect imposed upon the petitioner by proceedings dated 04.12.2007 and confirmed in appeal by proceedings dated 16.02.2008. There shall however be no order as to costs. ____________________ SANJAY KUMAR, J. 9TH SEPTEMBER, 2010. VGSR/PGS