HON’BLE Dr. JUSTICE K.G.SHANKAR Writ Petition No.4677 of 2002 Date: 22-01-2014 Between B.R.B.Prasad … Petitioner and The APSRTC, Rep. by its Chairman and MD, Musheerabad, Hyderabad; and 2 others … Respondents HON’BLE Dr. JUSTICE K.G.SHANKAR Writ Petition No.4677 of 2002 Order:
The petitioner seeks for a Writ of mandamus to declare the order of the 2nd respondent dated 31-3-1999 as illegal and for consequential reliefs.
2. The petitioner joined as a Conductor of the Andhra Pradesh State Road Transport Corporation (the Corporation, for short) in 1991. A charge-sheet was issued to him in 1996 that the petitioner was unauthorisedly absent from duty from 12-9-1996 to 24-9-1996 and from 17-10-1996 to 06-11-1996 and that the petitioner thus committed misconduct. After due enquiry, the 3rd respondent-Disciplinary Authority ordered the removal of the petitioner from service with effect from 29-4-1998. Aggrieved by the same, the petitioner preferred statutory appeal before the 2nd respondent. The 2nd respondent ordered reinstatement of the petitioner into service as a fresh candidate and put him in minimum of time scale with conditions that the seniority of the petitioner shall be reckoned from the date of reporting to duty and the security deposit of the petitioner having been forfeited, he shall pay fresh security deposit before joining duty. Questioning the same, the present writ petition is laid.
3. That the petitioner was unauthorisedly absent from duty is not in dispute. Regarding the quantum of punishment to be imposed against the petitioner, the 2nd respondent himself considered that the punishment of removal from service was not justified. The learned counsel for the petitioner submitted that as the petitioner joined in service in 1991, treating the petitioner as a fresh candidate with effect from 1999 would lead to loss of service for a period of about 8 years which would ultimately reflect in the pensionary benefits. It is also brought to my notice that the APSRTC Employees’ (CCA) Regulations, 1967 do not envisage punishment of appointment as a fresh candidate. Where the petitioner was absent from duty for less than 30 days in all, I consider that it would be appropriate to order reinstatement of the petitioner into service without back wages but with continuity of service and other attendant benefits. The security deposit of the petitioner however shall stand forfeited and he shall furnish fresh security deposit.
4. Accordingly, this writ petition is disposed of setting aside the order of the 2nd respondent dated 31-3-1999. The petitioner is ordered to be reinstated into service together with attendant benefits and continuity of service. His security deposit shall stand forfeited and the petitioner shall furnish fresh security deposit.
The miscellaneous petitions pending, if any, shall stand closed. No costs.
Dr. K.G.SHANKAR, J.
22nd January, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Writ Petition No.4677 of 2002 22nd January, 2014. (Ak)