Andhra Pradesh High Court - Amravati
K.A. Prasad, vs M.D., A.P.S.R.T.C., State Of ... on 3 November, 2021
THE HON'BLE SRI JUSTICE K.SURESH REDDY
Writ Petition No.8154 of 2018
ORDER:
The present writ petition is filed questioning the order of removal
dated 19.01.2017 passed by the 4th respondent.
2. Heard Sri S.M.Subhan, learned counsel for the petitioner as well as
the learned Standing Counsel Sri P.Durga Prasad.
3. The brief facts of the case are that the petitioner was appointed as
cleaner with effect from 08.07.1991 and subsequently selected for the post of
Driver Grade-II with effect from 24.05.1995. While working as driver in the 4th
respondent Depot, he was absent from his duties from 07.03.2016 to
15.03.2016 without any authorization and without any intimation and prior
sanction. Thereafter charge sheet dated 16.03.2016 has been issued and
the Superintendent(T) Vuyyuru was nominated as Enquiry Officer by the 4 th
respondent and Enquiry Officer conducted enquiry and submitted his report
dated 04.04.2016 along with findings. Subsequently following the procedure,
the petitioner was issued with a show cause notice for removal dated
05.04.2016. Therefore, the petitioner gave his explanation dated 03.05.2016.
At that juncture, ones again the petitioner absented for his duties from
05.01.2017 to 10.01.2017 without any prior permission or sanction and
intimation to the superior officer. Taking into consideration of the second
absent, the 4th respondent passed impugned order of dismissal dated
19.01.2017. Questioning the said order of removal, the petitioner filed appeal
before the 3rd respondent which was dismissed by order dated 31.03.2017.
Thereafter, he filed Review Petition before the 2 nd respondent, which is also
dismissed on 22.05.2017. Aggrieved by the same, the petitioner filed the
present writ petition.
4. As seen from the order of removal dated 19.01.2017, the following
charge has been framed :
"For having absented your duties un-authorizedly from 07.03.2016 to
15.03.2016, without any intimation or prior sanction of leave, which resulted
in much inconvenience being experienced by the Traffic Supervisors of the
Depot to make alternative arrangements, which constitutes misconduct vide
reg.No.28(xxvii) of APSRTC Employees (Conduct) Reg.1963".
5. Subsequently during the course of consideration, the 4th respondent
has relied on the subsequent absent i.e., from 05.01.2017 to 10.01.2017. So
far as subsequent absent is concerned, the petitioner was not given any
notice and there is violation of principles of natural justice. Learned counsel
for the petitioner relied on a Judgment reported in V.S.R.Krishna Vs.
A.P.S.R.T.C., rep. by Managing Director, Hyderabad and others1.
6. On the other hand, the learned Standing Counsel opposed this writ
petition stating that the petitioner admitted his un-authorized absence and as
such there is no need to issue any show cause notice.
7. A reading of the Judgment as stated above, the 4 th respondent is
bound to follow the procedure contemplated. Admittedly neither show cause
notice nor charge have been framed for the subsequent absent i.e.,
05.01.2017 to 10.01.2017 as such the 4th respondent violated the principles
of natural justice. In that view of the matter, the order of removal dated
19.01.2017 which was confirmed by the order of appeal and order of Review
Petition dated 22.05.2017 is hereby set aside. Accordingly, this Writ Petition
is allowed. No costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this
Writ Petition shall stand closed.
______________________________
JUSTICE K. SURESH REDDY
Date: 03.11.2021
sj
2017(5) ALT 175
THE HON'BLE SRI JUSTICE K.SURESH REDDY
Writ Petition No.8154 of 2018
Date: 03.11.2021
sj
