Telangana High Court

WP/24814/2004 of K. Phani Raja Rao, Vs The Depot Manager, on 30 December 2004

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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. 24814 of 2004 Between: K. Phani Raja Rao, S/o. of K. Rama Murthy, Hindu, aged about 35

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. 24814 of 2004

Between:

K. Phani Raja Rao, S/o. of K. Rama Murthy, Hindu, aged about 35 years, Occ: Ex-Conductor, E.P.No. 576169, R/o. Anantapur.

AND

..... PETITIONER

1 The Depot Manager, A.P.S.R.T.C. Chittoor - II Depot, Chittoor.

2 The Regional Manager, A.P.S.R.T.C. Ananthapur Region, Ananthapur.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ, order or direction more particularly one in the nature of Writ ofMandamus or any other appropriate writ declaring the proceedings No.02/95(176)/04-CTR-2 date 30-10-2004 of the 1st respondent as illegal, arbitrary, andwithout jurisdiction, in violation of principles of natural justice and in violation of Art.14 and 21 of the constitution of India and consequentially direct the respondent torestore the name of the petitioner in the approved selected list of Conductors ofAnanthapur Region.

Counsel for the Petitioner: S.SURENDRA KUMAR

Counsel for the Respondents: MR.P.VINAYAKA SWAMY

The Court at the stage of admission made the following:

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ORDER:

The grievance of the writ petitioner is that his name was deleted fromselection list without conducting any enquiry. Challenging theproceedings No.02/95(176)/2004-CTR-2, dated 30.10.2004, thepresent writ petition is filed.

The learned counsel for the petitioner contended that the name of thepetitioner has been deleted from the selection list without conductingany enquiry and therefore, principles of natural justice have beenviolated.

On the other hand, the learned standing counsel appearing for therespondent contended that on 18.09.2004 a check was made andthe checking officials found certain ticket irregularities on the part ofthe petitioner in discharging his duties as a Conductor, and as thepetitioner is a daily wage employee, no enquiry needs to beconducted. Therefore, the order under challenge does not suffer fromany legal infirmities so as to call for the interference of this Court.

It is not disputed before this Court that the selection of the petitioner was made under regular selection process. The checking officialsfound certain irregularities on the part of the petitioner at the time ofcheck on 18.09.2004, and after calling explanation from thepetitioner, the name of the petitioner was deleted from the selectionlist without conducting any enquiry.

No reasonable opportunity is afforded to the writ petitioner in provinghis case, and without conducting any departmental enquiry, theimpugned proceedings have been passed. Hence the impugnedproceedings suffer from legal infirmities and there is violation ofprinciples of natural justice.

Therefore, the Writ Petition is allowed and the impugnedproceedings are set aside. However, this order will not preclude therespondents in conducting departmental enquiry against thepetitioner in respect of the alleged irregularities in accordance withrules and regulations of the Corporation. No order as to costs.dsr ASSISTANT REGISTRAR

To:

1. The Depot Manager, APSRTC,

Chittoor-II Depot, Chittooor

2. The Regional Manager, APSRTC,

Ananthapur Region, Ananthapur

3. Two CD copies.

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