Telangana High Court
WP/24328/2004 of b. Vinok, Vs The APSRTC, rep. by its Vice Chairman and M.D., on 28 December 2004
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 : 24328 of 2004 Between: B. Vinod, S/o. B. Yadaiah, H.No. 12-1-467, Fathulaguda,
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 : 24328 of 2004
Between:
B. Vinod, S/o. B. Yadaiah,
H.No. 12-1-467, Fathulaguda, Bandlaguda, Nagole, Hyderabad.
..... PETITIONER
AND
1 The APSRTC, rep. by its Vice Chairman and M.D., Musheerabad, Hyderabad.
2 The Regional Manager, APSRTC, Hyderabad, City Region, Secunderabad.
3 The Depot Manager, APSRTC, Hayathnagar Depot, R.R.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 Prlc. No. P2/1(25)/02-HYT, dt. 7.4.2004 issuedby the 3rd respondent and declare the same as illegal, arbitrary and contrary to therules and further direct the respondent to treat the entire period from 7.4.2004 till thedate of re-instatement as continuity of service with full back wages and further directthe respondents to treat the initial appointment on 15.12.2001.
Counsel for the Petitioner:MR.P.RAGHAVENDRA REDDY
Counsel for the Respondent Nos.1 to 3: MR.V.T.M.PRASAD, STANDINGCOUNSEL FOR APSRTC
The Court at the stage of admission, made the following :
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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.P2/1(25)/02-HYT dated 7.4.2004deleted the name of the petitioner from the approved/selected list withimmediate effect as his work was unsatisfactory in terms of theappointment order.
Learned counsel appearing for the petitioner contended that therespondents’ Corporation did not conduct any enquiry before issuingthe impugned proceedings and therefore it is clearly in violation ofprinciples of natural justice.
On the other hand, learned Standing Counsel appearing for therespondents contended that since the petitioner is a daily wageemployee, there is no need to conduct any enquiry and therefore, thewrit petition is liable to be dismissed.
The reason for issuing a show cause notice to the petitioner by therespondents’ Corporation was that he was irregular in attending toduties and his work was unsatisfactory in terms of the appointmentorder. Admittedly, no enquiry was conducted in this case. Though thepetitioner is a daily wage employee, the principles of natural justicerequire that an enquiry should have to be conducted before issuingthe impugned proceedings. As the impugned proceedings suffer fromserious legal infirmities, it has to be set aside.
In the result, the impugned proceedings dated 7.4.2004 are set asideand the writ petition is disposed of. However, this order will notpreclude the respondents from taking any disciplinary action againstthe petitioner as per rules and regulations of the Corporation. In thecircumstances, no costs.
Sd/-A.SUVARNA
ASSISTANT REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1 The Vice Chairman and Managing Director, APSRTC,., Musheerabad,Hyderabad.Hyderabad.
2 The Regional Manager, APSRTC, Hyderabad, City Region, Secunderabad.
3 The Depot Manager, APSRTC, Hayathnagar Depot, R.R.District.
4 2 CD copies
5. One cc to Mr.P.Raghavendra Reddy,Advocate (OPUC)
TRk
HIGH COURT
DATED: 28.12.2004
ORDER:
W.P.NO.24328 OF 2004
DISPOSED OF NO COSTS