Telangana High Court
WP/33380/2010 of N. Ramesh Vs The APSRTC. on 30 December 2010
SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.33380 OF 2010 DATED 30TH DECEMBER, 2010 BETWEEN: N.Ramesh … Petitioner And APSRTC, Rep. by its Managing Director, Bus Bhavan, RTC ‘x’ Road, Hyderabad and Others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.33380 OF 2010
DATED 30[TH] DECEMBER, 2010
BETWEEN:
N.Ramesh … Petitioner
And
APSRTC,Rep. by its Managing Director,Bus Bhavan, RTC ‘x’ Road,Hyderabad and Others. … Respondents THE HON’BLE SRI JUSTICESANJAY KUMAR
WRIT PETITION NO.33380 OF 2010
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O R D E R
The petitioner, a contract Driver in the Andhra Pradesh StateRoad Transport Corporation since the year 2005, was terminated fromservice by order dated 15.11.2008. His appeal and thereafter, hismercy petition were rejected.
Admittedly, no enquiry preceded the action taken against thepetitioner. The order dated 15.11.2008 whereby the petitioner’sservices were terminated demonstrates that the same was occasionedby the fatal accident in which his vehicle was involved on 16.10.2008.As the order is stigmatic, the petitioner ought to have been given anopportunity to put forth his case before the dire punishment oftermination from service was visited upon him. The orders passed bythis Court in N.YADAIAH V/s. APSRTC[[1]]in a similar fact situationare relied upon.
For reasons alike, this Writ Petition is allowed setting aside thetermination of the petitioner from service under proceedings dated15.11.2008, confirmed thereafter under proceedings dated 09.01.2009and 16.12.2010. The petitioner shall be re-engaged with the benefit ofpast service from the date of his termination till the date of re-engagement. There shall be no order as to costs.
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SANJAY KUMAR,J
30[TH] DECEMEBR, 2010PGS/VGSR
[1] Writ Petition No.26886 of 2010 dated 29.10.2010