THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.23724 OF 2014 Between:- Smt.P.Prameela.
…Petitioner.
And APSRTC., Rep.by its Managing Director, Bus Bhavan, Musheerabad, Hyderabad and another.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.23724 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents-APSRTC.
This writ petition is filed seeking to issue a writ of mandamus, declaring the action of respondent No.2 in not furnishing the order of removal from service said to have been passed on 23-4-2007 and its relevant documents i.e., charge sheet, its connected records, enquiry reports and the statements recorded therein and final show cause notice of removal as arbitrary, unjust and in violation of principles of natural justice as well as in violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to furnish the above documents enabling the petitioner to pursue the remedy against the order of removal.
It is submitted that the petitioner’s husband was working under the second respondent as a driver. The respondents sent him to drive the DGT bearing vehicle No.AP 9Z 4599 on 6-9-2006 with instructions to unload the material loaded in the DGT at Zonal workshop, Uppal and return with other material from the aforesaid workshop. The petitioner’s husband drove the DGT vehicle to Uppal workshop and arrived there on 6-
9-2006, which day was declared as holiday on account of Ganesh Nimajjanam. He parked the vehicle in Uppal garage and subsequently, did not turn up till date.
It is submitted that after making searches for her husband and waiting for few days, the petitioner made a complaint on 11-09-2006 in II-Town Police Station, Mahabubnagar, basing on which, F.I.R.No.179 of 2006 was registered under the head ‘Missing’. The petitioner filed W.P.No.12005 of 2007 against the respondents for not tracing her husband and not paying minimum salary and the above writ petition was disposed of. The petitioner again filed W.P.No.31469 of 2010 for release of the service benefits of her husband who worked under the second respondent since 1987. The said writ petition was also disposed of by this Court, directing the respondents to release 50% of Provident Fund.
It is submitted by the petitioner that the respondents informed her that the services of her husband were terminated on 23-4-2007, but no such order was served either on her husband or on the petitioner. Thereupon, the petitioner issued a legal notice dated 14-12-2013 calling upon the respondents to furnish the order of removal and other relevant documents relating to the alleged removal of services of her husband. The present writ petition is filed, questioning the inaction on the part of the respondents in not furnishing the order of removal etc. The writ petition is therefore disposed of, directing the respondents to furnish the order of removal according to which, the petitioner’s husband was removed on 23-4- 2007 and other relevant documents such as charge sheet, enquiry report, statements recorded, final show cause notice and other records connected to the removal of petitioner’s husband from service, within a period of four weeks from the date of receipt of a copy of this order. No order as to costs. The Miscellaneous Petitions pending if any shall closed.
R.KANTHA RAO,J Date: 21-08-2014.
Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.23724 OF 2014 Date: 21-08-2014 Shr.