Telangana High Court

WP/24333/2004 of K.S.R.Prasad, Vs The APSRTC, rep.by its Vice Chairman and Managing Director, on 28 December 2004

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HIGH 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 : 24333 of 2004 Between: K.S.R.Prasad, S/o.Late Ramalingam, E-210531, Conductor,

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. BHANU

WRIT PETITION NO : 24333 of 2004

Between:

K.S.R.Prasad, S/o.Late Ramalingam, E-210531, Conductor, H.No.7-2-130, Near Ashok Colony, Sanathnagar Bus Stand, Sanathnagar, Hyderabad.

AND

..... PETITIONER

1 The APSRTC, rep.by its Vice Chairman and Managing Director, Musheerabad,Hyderabad.

2 The Regional Manager, APSRTC, Hyderabad City Region, Secunderabad.

3 The Depot Manager, APSRTC, HCU Depot, Gatchibowli, Ranga Reddy District.

.....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 an order or direction more particularly one in the nature of writ of Mandamuscalling for the records relating to the proc.No. 01/114 (3)/2004/HCU, dt.27-09-2004issued by the 3rd respondent and declare the same as illegal, arbitrary and contraryto the rules and further direct the respondents to treat the entire period from 27-09-2004 till the date of re-instatement with continuity of service with full wages with aliberty to claim wages from 16-3-2004 to 27-09-2004 ie., the period during which thepetitioner is prevented from performing the duties under section 33 (c) of I.D Act,1947 and further direct the respondents to treat the initial appointment on 13-6-2001as regular service.

Counsel for the Petitioner:MR.P.RAGHAVENDRA REDDY

Counsel for the Respondent Nos.1 to 3: MR.V.T.M.PRASAD, STANDINGCOUNSEL FOR APSRTC

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ORDER:

The petitioner was selected as Conductor on daily wage basis by aduly constituted Selection Committee. The respondents’ Corporationby the impugned proceedings No.01/114(3)/2004-HCU dated27.9.2004 deleted the name of the petitioner from theapproved/selected list with immediate effect as his behaviour was notsatisfactory in terms of the appointment order.

Learned counsel appearing for the petitioner contended thatrespondent No.3 has not issued any charge sheet or conducted anyenquiry in contemplation of the allegations made against him beforeissuing the impugned proceedings and therefore it is clearly inviolation of principles of natural justice and prays to allow the writpetition.

On the other hand, the learned Standing Counsel submits thatthough the petitioner was a daily wage employee, enquiry wasconducted on the basis of charge sheet and therefore no interferenceis called for in this writ petition.

The reason for issuing a show cause notice to the petitioner by therespondents’ Corporation was that he abused STI in filthy languageto collect DD due amount and his behaviour is unsatisfactory in termsof the appointment order.

As seen from the impugned proceedings, it is clear that anenquiry was conducted and the enquiry officer submitted a report.

Having regard to the facts and circumstances of the case, thepetitioner is permitted to file an appeal before the appellate authoritywithin a period of two weeks from the date of receipt of a copy of thisorder.

Whether the 3[rd] respondent has not issued any charge sheet orconducted any enquiry in contemplation of the allegations madeagainst him or there is any misconduct, are required to be gone intoby the appellate authority in the appeal to be filed by the petitioner.

Accordingly, the writ petition is disposed of with a direction to theappellate authority to dispose of the appeal to be filed by thepetitioner, in accordance with law, within a period of four weeks fromthe date of filing of the appeal by the petitioner. No order as to costs.

__________

28.12.2004

NOTE:Office to furnish C.C within one week (B.O)

bsv

To

1 The Vice-Chairman & Managing Director ,APSRTC, , Musheerabad, Hyderabad.

2 The Regional Manager, APSRTC, Hyderabad City Region, Secunderabad.

3 The Depot Manager, APSRTC, HCU Depot, Gatchibowli, Ranga Reddy District.

4 2 CD copies

In the result, the impugned proceedings dated 27.9.2004 are set aside and the writpetition is disposed of. However, this order will not preclude the respondents fromtaking any disciplinary action against the petitioner as per rules and regulations ofthe Corporation. In the circumstances, no costs.

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