WP/31967/2011 of E. Shankar, Vs The APSRTC., on 31 December 2015

ORDER:

This writ petition, filed under Article 226 of the Constitutionof India, challenges the order of removal of the petitioner passedby the Depot Manager, Dhone – 4[th] respondent herein videproceedings No.P1/1(103)/2005-Dhone, dated 27-11-2006 asconfirmed by the appellate and reviewing authorities videproceedings No.Steno/19(13)/ 2010-Dy.CTM, dated 09-03-2010and proceedings No.PA/ 19(245)/2010-RM-Q, dated 09-06-2010respectively.

Heard Sri S.M. Subhan, learned counsel for the petitionerand learned Standing Counsel for A.P.S.R.T.C. for respondents,apart from perusing the material available before this Court.

The petitioner herein was initially appointed as Driver on 01-07-1999 and while he was working at A.P.S.R.T.C., Dhone Depothe was absent from duties during the period from 01-08-2006 to07-08-2006. According to the petitioner, he suffered illness duringthe said period and he submitted medical certificate also. TheDepot Manager followed by the framing of charges against thepetitioner for the said un-authorized absence vide proceedingsNo.P1/1(103)/05-Dhone, dated 27-11-2006 dispensed with theservices of the petitioner. As against the said orders passed bythe Depot Manager, the petitioner preferred an appeal before theDeputy Chief Traffic Manager, Kurnool – 3[rd] respondent herein andthe said appeal was rejected as time barred and felt aggrieved bythe same the petitioner herein also exhausted the remedy of review to the Regional Manager, Kurnool – 2[nd] respondent hereinand the said review also ended in rejection vide proceedingsNo.PA/19(245)/2010-RM-Q, dated 09-06-2010.

Assailing the validity of the above said order passed by theprimary authorities as confirmed by the appellate and reviewingauthorities, the present Writ Petition came to be filed.

The principal contention advanced in the present WritPetition is that the respondent authorities grossly erred indispensing with the service of the petitioner on the ground of un-authorized absence for the period from 07-11-2006 to 27-11-2006 as the said allegation was not preceded by any chargesheet nor any enquiry.

A perusal of the impugned order, dated 27-11-2006, in clearand un-equivocal terms, discloses that the respondent authoritiesframed the charge for the unauthorized absence during the periodfrom 01-08-2006 to 07-08-2006 but imposed punishment takinginto consideration the absence during the period 07-11-2006 to 27-11-2006.

In this connection it may be appropriate to refer to thejudgments of this Court cited by the learned counsel for thepetitioner i.e., in case of M. Maurali Krishna v. A.PS.R.T.C.,Musheerbad, Hyderbad and another in Writ Appeal No.769 of2005, dated 05-04-2005 and W.P.No.6088 of 2011, dated 11-03-2011.

In the said judgments this Court considered the validity ofthe identical orders and was pleased to set aside the said orders.Copies of the said orders have been placed on record along with the Writ Petition.

Following the above said judgments and for the reasonsrecorded therein, the Writ Petition is allowed, setting aside theremoval order vide Proc.No.P1/1(103)/2005-Dhone, dated 27-11-2006, which was confirmed by the appellate and reviewauthorities vide Proc.No.Steno/19(13)/2010-Dy.CTM, dated 09-03-2010 and the Proc.No.PA/19(245)/2010-RM-Q, dated 09-06-2010respectively.

Miscellaneous Petitions pending, if any, shall stand closed.There shall be no order as to costs.

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A.V. SESHA SAI, J

December 31, 2015

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THE HON’BLE SRI JUSTICE A.V. SESHA SAI

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WRIT PETITION No.31967 of 2011

December 31, 2015