WRIT PETITION 21111 of 2019 on 2 December 2011

ORDER:

This Writ Petition is filed under Article 226 of Constitution of Indiawith the following prayer;

®order or direction more particularly one in the nature of Writof Mandamus, declaring the action of the 4^ respondent in issuing impugnedMemovideNo.DEE/0/RCPM/JAO/ADM/SA.2/DN0.1/17413/16dated0Z05.2016 and terminating the services of the petitioner with retrospectivewithout following the procedure as laid down inRules and Regulations and without supplying the enquiry report to thepetitioner though the petitioner filed representations/appeals from 27.07.2016and 20.09.2018 to 2" respondent and not taking any action to dispose of therepresentations/appeals filed by the petitioner to consider his case to re-instate himintoserviceas Linemanwithoutfoiiowingtheruies,reguiations andprocedure of APSEB is highiy iiiegai, arbitrary and vioiative of Articie 14,16,19, 21 and 311 of the Constitution of india and contrary to the provisions madeAPEPDCL Ruies without serving the enquiry officer report hence the impugnedtermination order issued by the 4^ respondent is iiabieto be set-aside andconsequentiy direct the 2'’^' respondent to consider the appeai of the petitionerby setting aside the impugned order of the 4^ respondent[dated][ 02.05.2016]duty directing to reinstate the petitioner into service as Lineman and pass suchother order or orders”

2. Heard Sri K.Satyanarayana Murthy, learned counsel for the petitionerand Sri V.V.Satish, learned Standing Counsel for APEPDCL, appearing for therespondents 2 to 4.and Sri V.V.Satish, learned Standing Counsel for APEPDCL, appearing for therespondents 2 to 4.

3. Learned counsel for the petitioner would submit that the petitionerwasremoved from service on the allegation that he is unauthorizedly[absent][ from]duty for one year three months.The petitioner worked as Lineman.Thepetitioner wassufferingfromseriousill-healthtotheextentofmentalimbalance, that is why he could not attend his duties.Learned counsel wouldfurther submit that without furnishing the enquiry report, the punishmentwasimposed on the petitioner.Learned counsel finally would submit that at thetime of filing the present petition, the petitioner was 56 years old.So, theCourt may pass appropriate orders atleast giving himliberty to makearepresentationbefore the respondent authoritiestoconsiderhiscaseasvoluntary retirement or compulsory retirement, so that he may get some retiralbenefits.removed from service on the allegation that he is unauthorizedly[absent][ from]duty for one year three months.The petitioner worked as Lineman.Thepetitioner wassufferingfromseriousill-healthtotheextentofmentalimbalance, that is why he could not attend his duties.Learned counsel wouldfurther submit that without furnishing the enquiry report, the punishmentwasimposed on the petitioner.Learned counsel finally would submit that at thetime of filing the present petition, the petitioner was 56 years old.So, theCourt may pass appropriate orders atleast giving himliberty to makearepresentationbefore the respondent authoritiestoconsiderhiscaseasvoluntary retirement or compulsory retirement, so that he may get some retiralbenefits.

4. Learned Standing Counsel for respondents 2 to 4 would submit that theCourt may pass appropriate orders.

5. Considering the submissions made and a keen perusal[of][ the][ material]onrecord, without going into the merits of the case on[the][ impugned][ order][ of]removal, in the light of the submissions made that[because][ of][ the][ matrimonial]removal, in the light of the submissions made that[because][ of][ the][ matrimonial]issuesand family quarrels, the individual suffered from health[issues][ went][ to]anextent of loosing mental balance,it is apposite to[dispose][ of][ the][ present]writ petition giving liberty to the petitioner to submit[a][ representation][ to][ the]respondent No.2 and respondent No.2 shall consider[his][ representation][ and]take appropriate decision according to governing rules[and][ law,][ keeping]inmind the health condition of the petitioner, within[a][ period][ of][ two][ (02)][ months]from the date of receipt of such representation.writ petition giving liberty to the petitioner to submit[a][ representation][ to][ the]respondent No.2 and respondent No.2 shall consider[his][ representation][ and]take appropriate decision according to governing rules[and][ law,][ keeping]inmind the health condition of the petitioner, within[a][ period][ of][ two][ (02)][ months]from the date of receipt of such representation.

6. With the above observation, the Writ Petition is disposed[of.]There shallbe no order^gs to As a sequel thereto, miscellaneous petitions pending,[if][ any,][ shall][ stand]

closed.

Sd/- K. TATA RAO//TRUE COPY//deputy registrarFFICERFFICERSECTl'1.ThePrincipalSecretary,PowerandEnergyDepartment,A.P.Secretariat Buildings, Velagapudi, Amaravathi, Guntur[District.]Secretariat Buildings, Velagapudi, Amaravathi, Guntur[District.]2.The Chairman and ManagingDirector, APEPDCL, Corporate[Office,]P7T Colony, Seethammadhara, Visakhapatnam-530 103.P7T Colony, Seethammadhara, Visakhapatnam-530 103.3.TheSuperintendingEngineer(Operations),APEPDCL,Rajamahendravaram, East Godavari District.Rajamahendravaram, East Godavari District.4.TheDivisionalElectricalEngineer(Operations),APEPDCL,Rajamahendravaram, East Godavari District.Rajamahendravaram, East Godavari District.5.One CC to Sri K Satyanarayana Murthy, Advocate [OPUC]6.One CC to Sri V V Satish (SC for APEPDCL) Advocate [OPUC]7.Two CCs to GP for Energy, High Court of Andhra Pradesh. [OUT]6.One CC to Sri V V Satish (SC for APEPDCL) Advocate [OPUC]7.Two CCs to GP for Energy, High Court of Andhra Pradesh. [OUT]

To,

HIGH COURT

DATED:30/04/2025

ORDERWP.No.21111 of 2019

mIIS SEP 2025_^. Current beciion.

DISPOSING OF THE W.P., WITHOUT COSTS