Citation : 2021 Latest Caselaw 3776 Tel
Judgement Date : 25 November, 2021
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
I.A.No.1 of 2019
in/and
WRIT APPEAL No.827 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
There is a delay of 948 days in filing the writ appeal.
I.A.No.1 of 2019 is filed seeking for condonation of delay
in filing the writ appeal.
It has been stated that the file relating to the
present appeal was misplaced and in those
circumstances, the writ appeal could not be filed in time.
In the considered opinion of this Court, keeping in
view the magnitude of delay, there is no reason to
condone the delay. Otherwise also, the appellant was
charge sheeted for misutilisation of medical facilities as
well as travel concession facilities. He included certain
persons who were not his dependants and played a fraud
upon the Corporation. A charge sheet was issued after
conducting a detailed enquiry and a punishment of
removal from service was inflicted on 12.08.2004 against
which, an appeal was preferred and the same was
rejected on 05.04.2005. He preferred an industrial
dispute in I.D.No.156 of 2004 and the same was also
2
dismissed by the Labour Court. The matter came up
before this Court and the learned Single Judge has
dismissed the writ petition as there was no procedural
irregularity pointed out in the matter by the appellant.
The facts make it very clear that the appellant has been
inflicted with the punishment, as misconduct was
proved, keeping in view the APSRTC Employees'
(Classification, Control and Appeal) Regulations, 1967,
and therefore, no case is made out on merits also.
The I.A and the writ appeal are accordingly
dismissed.
___________________________
SATISH CHANDRA SHARMA, CJ
___________________________
A.RAJASHEKER REDDY, J
25.11.2021
vs
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