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1996 Supreme(AP) 1362

S.R.NAYAK
G. Sambasiva Rao – Appellant
Versus
The A. P. State Road Transport Corporation, rep. , by its Managing Director, Hyderabad – Respondent


S. R. NAYAK, J.

( 1 ) AN argument based on a startling hypothesis is putforth in this case by the learned Counsel for the Petitioner-workman. The hypothesis runs like this: in a disciplinary proceeding if an appellate authority imposes any penalty other than a penalty specified under the Certified Standing Orders or the rules or the Regulations governing the disciplinary proceedings and if the validity of such action of the appellate authority is questioned in a writ proceeding, the High Court, as a matter of course and legal compulsion, should necessarily set aside the order of the appellate authority and direct reinstatement of the workman with continuity of service with full back wages, without going into the merits of the matter. The hypothesis is startling indeed! but, Sri V. Viswanatham, the learned counsel for the petitioner-workman has least hesitation to advance such apparently awakward argument because according to him such reliefs were granted by this Court in number of cases and the facts of this case are fully covered by those decisions. Alas If the Court were to blindly rubber-stamp the hypothesis, the mother of the law with which we are concerned i. e. , service and i


























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