Telangana High Court

WP/38647/2012 of V. Rajeshwar Goud, S/o. late V. Shankaraiah Goud, Vs APSRTC, Rep. by its Managing Director, on 31 December 2014

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R.KANTHA RAO Writ Petition No.38647 of 2012 Date: 31-12-2014 Between V.Rajeshwar Goud … Petitioner and APSRTC, Rep. by its MD, Bus Bhavan, RTC ‘X’ Roads, Hyderabad; and 2 others … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.38647 of 2012

Date: 31-12-2014

Between

V.Rajeshwar Goud

… Petitioner

and

APSRTC,Rep. by its MD,Bus Bhavan, RTC ‘X’ Roads,Hyderabad;and 2 others … Respondents

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Order:

Heard Sri V.Narasimha Goud, learned counselappearing for the petitioner and Sri H.Venu Gopal, learnedStanding Counsel appearing for the respondents-Corporation.

2. This writ petition is filed seeking to quash theimpugned order of removal from service issued by the 3[rd] respondent vide proceedings dated 03-3-2012 as confirmed by the 2[nd] respondent in his proceedings dated23-11-2012 as illegal, arbitrary and in violation of Articles14, 16 and 21 of the Constitution of India as well as inviolation of Regulation 12 of APSRTC (CC&A)Regulations, 1967 and consequently, to direct therespondents to reinstate the petitioner into service, withcontinuity of service, attendant benefits and back wages. 3. The petitioner was a driver in the respondents-Corporation. According to him, his services wereterminated on the ground of absenteeism without servingthe charge-sheet and concluding all the proceedings . ex parte

4. Similar issue fell for consideration in W.A.No.1126of 2009 wherein a Division Bench of this Court byjudgment dated 12-11-2009 set aside the order dated 18-4-2009 in W.P.No.2020 of 2009 passed by a learned single Judge of this Court as well as theimpugned proceedings of removal from service anddirected for reinstatement of the appellant into servicealong with all consequential benefits.

5. The question involved in the present writ petition issquarely covered by the judgment of the Division Benchof this Court in W.A.No.1126 of 2009, dated 12-11-2009. Therefore, the termination orders passed bythe 3[rd] respondent against the petitioner on 03-3-2012 are hereby set aside. There shall be a direction to therespondents-Corporation to reinstate the petitioner intoservice along with all consequential benefits as prayedfor.

6. Accordingly, this writ petition is allowed.

The miscellaneous petitions, if any, pending in this writpetition shall stand closed. No costs.

31[st] December, 2014.Ak

___________________

R.KANTHA RAO, J.

31[st] December, 2014.(Ak)

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