Telangana High Court
WP/23886/2004 of S. Naraimulu S/o Somaiah Vs The Depot Manager, APSRTC., on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 23886 of 2004 Between: S. Narsimulu S/o Somaiah, Conductor E 270484, A.P.S.R.T.C. Midhani
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 23886 of 2004
Between:
S. Narsimulu S/o Somaiah, Conductor E 270484, A.P.S.R.T.C. Midhani Depot, R/o Hyderabad
AND
..... PETITIONER
The Depot Manager, APSRTC., Midhani Depot, Hyderabad
.....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 tocall for the records from the Respondent herein issue a Writ, order or direction moreparticularly one in the nature of Writ of Mandamus declaring the impugned order ofremoval vide proceedings No. 02/95 (19)/2004-MDN dated 01-12-2004 issued bythe Respondent removing the petitioner from service with immediate effect andfurther treating suspension period as not on duty for the purpose of Leave,increments, and Gratuity as arbitrary, illegal, un-just, contrary to law withoutapplication of mind, contrary to the circular issued from time to time and in violationof Regulations of the Corporation Violative of Principles of Natural Justicevictimization, un-fair Labour Practice and also in violation of Articles 14 and 21 of theConstitution of India consequently set -aside the same and to pass such other orderor orders.
Counsel for the Petitioner: MR.P.SRIDHAR RAO
Counsel for the Respondent No.: MR.V.T.M.PRASAD
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ORDER:
Challenging the removal order dated 01.12.2004 passed by the respondent, thiswrit petition is filed.
Learned counsel for the petitioner contended that the Depot Manager, whopassed the impugned order did not conduct the enquiry in pursuance of theterms of the order passed by this Court, and therefore, if an appeal is filed bythe petitioner before the Divisional Manager, Hyderabad, he cannot get justiceand hence, the appeal to be filed by him may be disposed of by any otherDivisional Manager.
Learned counsel also advanced arguments stating that the passenger towhom the ticket was issued, was not examined during the course of theenquiry. Therefore, he prays to grant stay of the proceedings.
Learned standing counsel for respondent contended that there is a regulation,under which an appeal can be transferred to any other Divisional Manager inaccordance with law.
Admittedly, against the order passed by the respondent-Depot Manager, anappeal lies to the Divisional Manager. No doubt, alternative remedy is not a barfor entertaining the application under Article 226 of the Constitution of India, butat the same time, it is not a case of violation of any principles of natural justiceor not allowing the writ petitioner to adduce evidence in the departmentalproceedings. Therefore, the contentions that were raised in the writ petition aswell as advanced by the learned counsel for the petitioner can be agitated byhim before the Appellate Authority.
Accordingly, this writ petition is disposed of directing the writ petitioner tofile an appeal before the Divisional Manager, Hyderabad and on filing such anappeal, the same shall be transferred to any other Divisional Manager and shallbe disposed of in accordance with the rules and regulations of the Corporationwithin a period of two months from the date of filing of the appeal. No order asto costs.
______________
K.C. BHANU,J
Date : 30-12-2004
Klp
To
1. The Depot Manager, APSRTC., Midhani Depot, Hyderabad
2. 2CD copies