THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.27768 OF 2014 Between:- Pabbu Prabhu …Petitioner And The Andhra Pradesh State Road Corporation rep by its Managing Director, Musheerabad, Bus Bhavan, Hyderabad and others.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.27768 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and the learned standing counsel for APSRTC., appearing for the respondents.
This writ petition is filed, seeking a writ of mandamus, declaring the action of the respondents in not considering the appeal dated 31-7-2012 even after lapse of two years as arbitrary and illegal and also violative of Articles 14 and 21 of the Constitution of India and Regulation 27 of APSRTC (Classification Control and Appeal) Regulations 1967 and consequently direct the respondents to consider the appeal dated 31-7-2012 and pass appropriate orders.
While working as driver in respondent corporation, the petitioner was issued with a charge sheet alleging that he caused injuries by rash and negligent driving. Thereafter, an enquiry was held against him and during the course of which, an order was passed holding that the charge was proved against him. The disciplinary authority inflicted punishment of reduction of pay by two incremental stages for a period of two years with cumulative effect; duly treating the period of suspension was not on duty for all purposes. Feeling aggrieved, the petitioner preferred appeal before the second respondent on 31-7-2012. The grievance of the petitioner is that though he preferred the appeal two years ago, no steps have been taken by the appellate authority to dispose of the same.
In view of the above circumstances, the second respondent-appellate authority is directed to dispose of the appeal preferred by the petitioner dated 31-7-2012, within a period of two months from the date of receipt of a copy of this order.
The writ petition is disposed of accordingly at the stage of admission. There shall be no order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 18-09-2014 Note:
Issue CC in one week. Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.27768 OF 2014 Date: 18-09-2014 Shr.