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1997 Supreme(AP) 377

D.H.NASIR, P.S.MISHRA
Shaik Qursheed – Appellant
Versus
Managing Director, APSRTC, HYD. – Respondent


P. S. MISHRA, J.

( 1 )

( 2 ) THE charge which is allegedly proved reads as follows:"for having unauthoriscdly absent for duties from 28-12-1992 onwards in continuation to reporting of private sick from 18-12-92 to 29-12-92 resulted into effect in regular services causing inconvenience to the travelling public besides loss of revenues to the Corporation which constitutes misconduct in terms of Regulation 28 (xxxii) of A. P. S. R. T. C. Conduct Regulations. "defence of the petitioner-appellant has been that he was treated by a private doctor for a period from 18-12-1992 to 29-12-1992 and submitted his fitness certificate on 5-2-1993 and requested to permit him to join duty. The charge is said to have been proved. The Disciplinary Authority has punished the petitioner-appellant by the order of removal from service. The Appellate Authority has, however, said as follows:"as the charge is proved beyond any reasonable doubt, penalty of removal from service is imposed on him. However, looking that his length of service put in by the driver in the Corporation, a lenient view is taken. Party is reinstated into service to the following conditions: i) The party, Sri Shaik Qursheed, E. 61461 Dr



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