Telangana High Court

WP/24273/2004 of T.Prameela Vs The Depot Manager, on 27 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 24273 of 2004 Between: T.Prameela W/o.R.Ashok Rao, Aged about 32 years,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE K.C. BHANU

WRIT PETITION No. 24273 of 2004

Between:

T.Prameela W/o.R.Ashok Rao,

Aged about 32 years, Occ:Ex-Conductor,

R/o.H.No.853 D BHEL Ramchandrapuram,

Medak District.

AND

..... PETITIONER

The Depot Manager, A.S.R.T.C.

H.C.U Depot, Rangareddy District.

.....RESPONDENT

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a writ order, or direction more particularly in the nature of certiorari, calling forthe records vide the proceedings No.02/95(66)/2004 H.C.U Dt.6.12.2004 passed bythe Respondent and quash the same as illegal, arbitrary and violation of theprinciples of natural justice and consequently direct the respondent to reinstate thepetitioner into service immediately along with all consequential benefits, and passsuch any other order or orders.

Counsel for the Petitioner: MR.A.THIRUPATHI REDDY

Counsel for the Respondent: MR.V.T.M.PRASAD, Standing Counsel The Court at the stage of admission made the following:

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ORDER:

The grievance of the writ petitioner is that her name was deleted fromselection list without conducting any enquiry. Challenging theproceedings No.02/95(66)/2004-HCU, dated 06.12.2004, the presentwrit petition is filed.

The learned counsel for the petitioner contended that the name of thepetitioner has been deleted from the selection list without conductingany enquiry and therefore, principles of natural justice have beenviolated.

On the other hand, the learned standing counsel appearing for therespondent contended that several instructions have been given tothe writ petitioner to improve her performance, but she did notimprove her performance. Therefore, the order under challenge doesnot suffer from any legal infirmities and does not call for anyinterference.

It is not disputed before this Court that the selection of the petitionerwas made under regular selection process. The checking officialsfound certain irregularities on the part of the petitioner at the time ofcheck on 23.10.2004, and after calling explanation from thepetitioner, the name of the petitioner was deleted from the selectionlist without conducting any enquiry. No reasonable opportunity isafforded to the writ petitioner in proving her case, and withoutconducting any departmental enquiry, the impugned proceedingshave been passed. Hence the impugned proceedings suffer fromlegal infirmities and there is violation of principles of natural justice.

Therefore, the Writ Petition is allowed and the impugnedproceedings are set aside. This order will not preclude the respondent in conducting departmental enquiry against the petitionerin respect of the alleged irregularities in accordance with rules andregulations of the Corporation. No order as to costs.

dsr

_________

27.12.2004

To:

1. The Depot Manager, APSRTC,

H.C.U.Depot, Rangareddy District

2. Two CD copies.

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