IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY THIS THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.30975 of 2014 Between:
G.Srinivas . PETITIONER And The APSRTC, rep.by its Managing Director, Bus Bhavan, RTC X Roads, Hyderabad and 4 others . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.30975 of 2014
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, declaring the action of the 2nd respondent in not considering the revision petition filed by the petitioner dated 26.03.2014 as illegal, arbitrary and contrary to law.
Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents.
The petitioner was issued a charge memo on the ground that he was unauthorizedly absent on 16.04.2004, 19.04.2004 to 20.04.2004. An enquiry was held and final order was passed removing the petitioner from service. Aggrieved thereby, the petitioner preferred an appeal which was rejected by the appellate authority on the ground that it was barred by limitation. Thereafter, the petitioner filed a review petition which was also rejected. Ultimately, he filed a revision petition on 26.03.2014 which is pending before the 2nd respondent.
The learned counsel appearing for the petitioner submits that the Enquiry Officer did not follow the procedure and the enquiry held against the petitioner is in violation of principles of natural justice.
On the other hand, the learned standing counsel appearing for the APSRTC would submit that since the revision petition is pending with the 2nd respondent, the writ petition can be disposed of with a direction to the 2nd respondent to dispose of the revision petition.
Having regard to the submissions made on either side, without going into the merits of the case, the Writ Petition is disposed of, directing the 2nd respondent-the Executive Director (GHZ), APSRTC, Jubilee Bus Station, Secunderabad to consider and dispose of the revision petition dated 26.03.2014 filed by the petitioner, in accordance with law, within a period of 2 (two) months from the date of receipt of a copy of this order. The petitioner can raise all the contentions put forth in the present writ petition before the 2nd respondent. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date: 16.10.2014 Dsr