Telangana High Court
WP/35730/2012 of M.Z. Baig, Vs APSRTC, Rep. by its Managing Director, on 31 December 2014
R.KANTHA RAO Writ Petition No.35730 of 2012 Date: 31-12-2014 Between M.Z.Baig … Petitioner and APSRTC, Rep. by its MD, Bus Bhavan, RTC ‘X’ Roads, Hyderabad; and 2 others … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.35730 of 2012 Order: Heard
Date: 31-12-2014
Between
M.Z.Baig
… Petitioner
and
APSRTC,
Rep. by its MD,Bus Bhavan, RTC ‘X’ Roads, Hyderabad;and 2 others … Respondents
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Order:
Heard Sri V.Narasimha Goud, learned counsel appearing for the petitioner and Sri H.Venu Gopal, learned Standing Counselappearing for the respondents-Corporation.
2. This writ petition is filed seeking to quash the impugned orderof removal from service issued by the 3[rd] respondent vide proceedings dated 26-5-2012 as confirmed bythe 2[nd] respondent in his proceedings dated 03-10-2012 as illegal,arbitrary and in violation of Articles 14, 16 and 21 of the Constitutionof India as well as in violation of Regulation 12 of APSRTC (CC&A)Regulations, 1967 and consequently, to direct the respondents toreinstate the petitioner into service, with continuity of service,attendant benefits and back wages.
3. The petitioner was a driver in the respondents-Corporation.According to him, his services were terminated on the ground ofabsenteeism without serving the charge-sheet and concluding all theproceedings .ex parte
4. Similar issue fell for consideration in W.A.No.1126 of 2009 whereina Division Bench of this Court by judgment dated 12-11-2009 setaside the order dated 18-4-2009 in W.P.No.2020 of 2009 passed by a learned single Judge of this Court as well as the impugnedproceedings of removal from service and directed for reinstatement ofthe appellant into service along with all consequential benefits.
5. The question involved in the present writ petition is squarelycovered by the judgment of the Division Bench of this Court inW.A.No.1126 of 2009, dated 12-11-2009. Therefore, the termination orders passed by the 3[rd]respondent against the petitioner on 26-5-2012 are hereby set aside.
There shall be a direction to the respondents-Corporation to reinstatethe petitioner into service along with all consequential benefits asprayed for.
6. Accordingly, this writ petition is allowed.
The miscellaneous petitions, if any, pending in this writ petition shallstand closed. No costs.
31[st] December, 2014.
Ak
___________________
R.KANTHA RAO, J.
31[st] December, 2014.
(Ak)