Telangana High Court

WP/24384/2004 of T.Varalaxmi, Vs The Divisional Manager, on 28 December 2004

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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 K.C. BHANU WRIT PETITION NO : 24384 of 2004 Between: T.Varalaxmi, W/o. late T.V. Reddy, Aged 45 years,

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 K.C. BHANUWRIT PETITION NO : 24384 of 2004

Between:

T.Varalaxmi, W/o. late T.V. Reddy,

Aged 45 years, R/o.1-6-141/35/613,

Sriram Nagar, Suryapet,

Nalgonda District

AND

..... PETITIONER

The Divisional Manager,

A.P.S.R.T.C., Suryapet, Nalgonda 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 one in the nature of Writ ofMandamus declaring the action of the respondent herein in not considering theAppeal/Representation submitted by the petitioner herein dated 11.6.2004 againstthe removal order, dated 30.8.2003 as illegal, arbitrary and unconstitutional andconsequently direct the respondent to consider the Appeal/Representatiion, dated11.6.2004 which is pending and pass appropriate order.

Counsel for the Petitioner:MR.M.R.TAGORE (NOT PRESENT)

Counsel for the Respondent: MR.V.T.M.PRASAD

The Court at the admission stage, made the following:

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ORAL ORDER:

The petitioner has filed this writ petition seeking a Mandamus todeclare the action of the respondent in not considering theappeal/representation, dated 11.6.2004 submitted by the petitioneragainst the removal order, dated 30.8.2003 passed by the DepotManager, Kodada Depot removing the husband of the petitioner fromservice on the ground of his unauthorized absence from duty, asillegal and arbitrary.

None appeared for the petitioner.

Heard the learned standing counsel for the respondents and perusedthe material available on record.

A domestic enquiry was conducted against the husband of thepetitioner for certain irregularities. As the disciplinary authorityaccepted the enquiry report, he ordered removal of the husband ofthe petitioner from service. Challenging the same, the petitioner filedan appeal before the respondent on 11.6.2004. An appropriatedecision has to be taken by the respondent on the appeal filed by thepetitioner in accordance with law.

Having regard to the facts and circumstances of the case, I deem itappropriate to direct the respondent to pass appropriate orders on the appeal/representation, dated 11.6.2004 submitted by the writpetitioner in accordance with law, within a period of two months fromthe date of receipt of a copy of this order.

The writ petitioner is disposed of in terms of the above direction. Inthe circumstances of the case, there shall be no order as to costs.

______________

(K.C. BHANU,J.)

28[th] December, 2004.

bcj

To

1 The Divisional Manager,

A.P.S.R.T.C., Suryapet, Nalgonda District.

2 Two C.D. copies

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