ELIPE DHARMA RAO, J.

( 1 ) THIS writ petition is filed aggrieved of the order No. SB/686/3/95-SO (HZ) passed on 5-7-1995 by the Security Officer (HZ), IBS, hyderabad in appeal preferred by the petitioner against the orders of the Vigilance and Security Officer, dated 26-6-1995.

( 2 ) ORIGINALLY, the Security Officer, after conducting an enquiry imposed the punishment of removal from service with immediate effect by his order dated 15-2-1995 which was modified by the vigilance and Security Officer by order dated 26-6-1995 as one into reinstatement into service as Security Officer, with minimum of scale in the Revised Pay Scales and without arrears. On appeal, the impugned order was passed.

( 3 ) THE petitioner was on leave from 1-7-1994 to the date of order and submitted medical certificate issued by the private medical practitioner, though notice was sent to the petitioner, he refused to receive the notice and a charge sheet was served. Accordingly, after completing the regular enquiry, he was removed from service by order dated 15-2-1995 with immediate effect treating the entire period of absence as not on duty.

( 4 ) AGGRIEVED of the above said order, an appeal was preferred to the appellate authority, who by order dated 26-6-1995 interfered into the same and modified the removal order, in the following terms:1. Sri N. Balakrishna, is reinstated into service as Security Guard. 2. On reinstatement, his salary will be fixed at the minimum of the scale in the revised Pay Scales and without payment of arrears. 3. The entire period of absence from 1-7-94 and also the intervening period between the date of removal till the date of joining for duty shall be treated as "not ON DUTY" for all purposes such as PF, Gratuity and other attendant benefits. 4. Before he is taken on duty, he shall be directed for Medical examination at APSRTC hospital, tarnaka.

( 5 ) REINSTATEMENT into service, he shall report to SO (HZ) for further posting orders. 5. Aggrieved of the same, the present writ petition is filed contending that while the petitioner was working at Narayanpet depot, he could not attend duties from 1-7-1994, thereafter undergone treatment at venkateswara Nursing Home, Narayanpet upto 14-7-1994 and subsequently shifted to govt. Hospital, Narayanpet and has undergone treatment upto 9-11-1994 and after obtaining fitness certificates on 10-11-1994. While so, charge sheet dated 14-9-1994 was served to the petitioner on 16-9-1994, though he submitted the medical certificate on 6-7-1994. Consequently, an enquiry Officer was appointed and he submitted his explanation to the charge on 9-12-1994. After recording the statements, a report was submitted on 13-12-1994 holding that the guilt is proved. Following the report, a show cause notice of removal from service dated 21-12-1994 was issued. On consideration of the explanation, in reply thereto, by order dated 15-2-1995 the petitioner was removed from service and he preferred an appeal. The punishment from removal of service was modified, to the extent indicated above.

( 6 ) THE learned counsel for the petitioner submits that the respondents should have considered the private sick certificate produced by the petitioner on 6-7-1994, followed by the certificate issued by the government Hospital, Narayanpet, since the absence is genuine due to sickness of the petitioner and beyond his control. He further submitted that as per Rule 11 (3) of the A. P. S. R. T. C. Leave Rules, the Competent authority, may in its discretion, subject to the provisions of general or special orders of the Corporation, either accept the certificate issued by the Medical Attendant or refer the case for investigation or advice, as the circumstances may require. Therefore, when the respondents doubted the genuineness of the medicalcertificte dated 6-7-1994 issued by the private medical practitioner, they should have referred the petitioner to the medical Officer for investigation and advice and to submit a report. Without

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