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1998 Supreme(AP) 43

S.R.NAYAK
Y. Somaiah – Appellant
Versus
Managing Director, APSRTC, Musheerabad, Hyd. – Respondent


S. R. NAYAK, J.

( 1 ) RULE nisi. Heard Mr. C. V. Ramuht, learned Standing Counsel for the respondents. The writ petition was heard finally with the consent of the learned Counsel for the parties.

( 2 ) THE petitioner-delinquent was removed from service as a disciplinary measure after holding departmental enquiry by the second respondent-The Depot Manager, A. P. S. R. T. C. Sangareddy, Medak District-disciplinary authority. The petitioner instituted I. D. Nol72 of 1996 before the Labour Court-II, Andhra Pradesh, Hyderabad. In the claim statement, the petitioner assailed the validity of the domestic enquiry held by the Disciplinary Authority as well as on merits In the first instance, the third respondent-The Labour Court-11 Hyderabad considered the first issue relating to the validity of domestic enquiry and came to the conclusion that the departmental enquiry conducted by the disciplinary authority was irregular and in violation of regulations and principles of natural justice Having held so, quite surprisingly the learned Presiding Officer of the Labour Court-II, Hyderabad directed the disciplinary authority to proceed with the enquiry from the stage of obtaining the comments of th


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