Telangana High Court
WP/23199/2003 of M.Moksham, s/o. M.shantappa,Srisri Nagar,H.No.1-1-504/1/1, Vs A.P.State Road Transport Corporation,Rep By its Manager on 28 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 23199 of 2003 Between: M.Moksham, s/o. M.shantappa, Srisri Nagar, H.No.1-1-504/1/1,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE B.PRAKASH RAO
WRIT PETITION NO : 23199 of 2003
Between:
M.Moksham, s/o. M.shantappa, Srisri Nagar, H.No.1-1-504/1/1, Suryapet Post, Nalgonda Dist.
AND
..... PETITIONER
1. A.P.State Road Transport Corporation, Rep: By its Manager Director,Mushirabad, Hyderabad.
2. The Executive Director (C&N), APSRTC, Mahatma Gandhi Bus Station, Imlibun, Hyderabad - 500 012.
.....RESPONDENTS
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 an order, direction or writ particularly one in the nature of writ of Mandamus orany other appropriate writ declaring the proceedings No.PA/114 (21)/2003 ED(C&N), dt:27-10-2003 as illegal, arbitrary, in violation of principles of natural justiceand consequently set aside punishment with further direction to respondents toreinstate petitioner into service with consequential benefits and pass such otherorder or orders Counsel for the Petitioner: MR.G.VIDYASAGAR
Counsel for the Respondents : MR.V.T.M.PRASAD, SC FOR APSRTC
The Court made the following :
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ORAL ORDER:
Heard Mr. G. Vidyasagar, learned counsel for the petitioner andMr. V.T.M. Prasad, learned Standing Counsel appearing for therespondents.
The petitioner herein was working as Depot Manager. By this writ petition, he seeks to assail the impugned orders dated27.10.2003, whereunder he was removed from service. The onlyshort question which is urged on behalf of the petitioner is that eventhough the enquiry officer has given finding in favour of the petitioner,however, the disciplinary authority had arrived at a differentconclusion holding the charges against the petitioner, without givingany notice or opportunity to the petitioner. The question is no longerRes Integra in view of the judgment reported in SBI V. K.P.
NARAYANAN KUTTY ([1.]), wherein it was held that such a procedureis totally illegal.
Following the same, the writ petition is allowed. The impugnedorder dated 27.10.2003 is set aside and the matter is remitted back tothe disciplinary authority for passing fresh orders on merits and inaccordance with law after giving notice and opportunity to thepetitioner. No order as to costs.
28.12.2004
CVM
To
1. A.P.State Road Transport Corporation, Rep: By its Manager Director, Mushirabad, Hyderabad.
2. The Executive Director (C&N), APSRTC, Mahatma Gandhi Bus Station,Imlibun, Hyderabad - 500 012.Imlibun, Hyderabad - 500 012.
3. 2 CDs
THE HON'BLE MR JUSTICE B.PRAKASH RAO
WRIT PETITION NO : 23199 of 2003
28.12.2004