THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.27352 OF 2014 Between:- B.Chandra Reddy.
…Petitioner And APSRTC, Rep.by its Managing Director, Bus Bhavan, RTC ‘X’ Road, Hyderabad and others.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.27352 OF 2014 ORDER:
Heard Sri V.Narsimha Goud, learned counsel appearing for the petitioner and Sri C.Sunil Kumar Reddy, learned standing counsel for APSRTC., appearing for the respondents.
This writ petition is filed, seeking a writ of certiorari, declaring the removal order vide proceedings No.02/95(5)/13-Dy.CTM.MRR, dated 4-1-2014 in so far as denying the past service along with other consequential benefits as arbitrary, unjust and in violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to treat the appointment of fresh conductor as that of reinstatement into service and continuity of service with all consequential benefits.
The petitioner is working as conductor in respondent corporation. While he was conducting the bus service on 9-2-2013 between Hyderabad and Udgir, a surprise check was effected between stage Nos.25 and 27 and it was found that six passengers were traveling with three tickets of Rs.70/- denomination which were said to have been issued from Hyderabad to Zaheerabad.
A charge was framed against the petitioner and domestic enquiry was conducted. In the enquiry, he was found guilty and thereafter, the disciplinary authority removed him from service. The petitioner preferred an appeal to the third respondent and the third respondent passed an order reinstating the petitioner into service as fresh conductor. The petitioner preferred a revision to the second respondent and the said revision was rejected. Feeling aggrieved, the petitioner filed the present writ petition, seeking the relief of continuity of service from the date of dismissal to the date of his reinstatement.
The issue involved in the present writ petition is squarely covered by the orders passed by this Court in W.P.Nos.12857 of 2011 and 32285 of 2011. The facts and circumstances of the present case are similar to the facts and circumstances of the aforesaid writ petitions. It was held in the said writ petitions that the petitioners are entitled for continuity of service from the date of removal to reinstatement.
As the issue involved in the present writ petition is squarely covered by the orders passed by this Court in the aforesaid writ petitions, the orders passed by the respondent are modified and the petitioner is entitled for continuity of service between the period of removal and reinstatement.
Accordingly, the writ petition is disposed of at the stage of admission. There shall be no order as to costs. The Miscellaneous Petitions if any shall stand closed.
R.KANTHA RAO,J Date: 16-09-2014 Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.27352 OF 2014 Date: 16-09-2014 Shr.