V. Eswaraiah, J.

Heard both sides.

2. The petitioner filed O.A.No.1580 of 2007 seeking to set aside the order, dated 14-08-2006, passed by the Director General of Police, A.P., Hyderabad-1st respondent, confirming the order passed by the Commissioner of Police, Hyderabad-2nd respondent, dated 18-02-2006, wherein and whereby the petitioner was imposed punishment of postponement of increments for two years with effect on future increments and pension and treating the suspension period from 30-05-2003 to 31-03-2004 as "Not on duty'''. The Tribunal vide its order, dated 22-02-2008, while confirming the punishment of postponement of increments for two years with effect on future increments and pension, set aside the order with regard to treating the suspension period from 30-05-2003 to 31-03-2004 as "Not on duty'" and remitted the matter to the disciplinary authority i.e., the Commissioner of Police, Hyderabad, to give an opportunity to the petitioner in accordance with Rule 54 (b) of Fundamental Rules and pass appropriate orders. Pursuant to the remand, the 2nd respondent issued a show cause notice to the petitioner and the petitioner, having received the show-cause notice, failed to submit his explanation, but, however, the 2nd respondent passed an order, dated 01-08-2008, in proceedings D.O.No.2664/ L&O/B3/587/2003, treating the period of suspension from 30-05-2003 to 31-03-2004 as 'eligible leave'.

3. The grievance of the petitioner is only with regard to imposition of punishment of postponement of increments for two years with effect on future increments and pension. Aggrieved thereby, the present writ petition is filed.

4. The undisputed facts are that while the petitioner was working at "B" coy, CAR head quarters, Hyderabad, he was placed under suspension vide proceedings, dated 26-05-2003, on the allegation that the petitioner trespassed into the house of one Sri Manguwala Ravi Singh and abused him in filthy language and beat him, which resulted in registration of Cr. No.135 of 2003 under Sections 457, 323 and 506 IPC at Mangalhat Police Station and he was arrested on 16-05-2003 and was in custody upto 19-05-2003. Subsequently, the departmental proceedings have been initiated against the petitioner framing the following charge:-

Sri Ashok Singh, PC 598, while working at "B" coy, CAR Head Quarters, Hyderabad, he exhibited gross misconduct/reprehensible conduct for his misconduct in Cr.No.135/03 U/Ss.452, 323 and 506 IPC of P.S.Mangalhat. Sri Ashok Singh PC 598 of "B" coy. CAR head quarters by his above acts exhibited lack of integrity and conduct, unbecoming of Government servant, thereby violating Rule 3 of APCS (Conduct) Rule 1964."

5. The Enquiry Officer, after conducting enquiry, vide enquiry report, dated 08-10-2003, held that the said charge was proved. Basing on the enquiry report, the disciplinary authority/Commissioner of Police, Hyderabad, passed final order imposing punishment of postponement of increments for two years with effect on future increments and pension and also treating the suspension period from 30-05-2003 to 31-03-2004 as "Not on duty".

Aggrieved by the same, the petitioner filed an appeal before the Director General of Police, A.P., Hyderabad, and the appellate authority vide its order, dated 14-08-2006 dismissed the appeal confirming the order of the disciplinary authority/Commissioner of Police, Hyderabad.

6. Meanwhile, charge-sheet was filed in Cr.No.135 of 2003 and the same was taken on file as C.C.No.219 of 2004 and subsequently, the same was compromised before the Lok Adalat at Metropolitan Sessions Judge, Nampally, Hyderabad, which passed an award on 15-07-2004 under Section 21 of the Legal Services Authority Act, 1987 compounding the offences with which the petitioner was charged and accordingly, he was acquitted of the aforesaid offences.

7. It is the case of the petitioner that when the criminal case was ended in acquittal, the punishment imposed in the departmental proceedings requires to be