An order of removal from service is not modified by a direction to appoint the employee as a fresh candidate on compassionate grounds.

A. LAKSHMANA RAO, J.

( 1 ) THE petitioner in W. P. No. 12043 of 1983 has filed this writ appeal. He was appointed as Conductor in the Andhra Pradesh State Road Transport corporation on December 4,1968 and his services were regularised on October 1,1972. On December 22,1973, he was transferred from Hyderabad Division to kumool Division. On May 18,1979, while he was working as Conductor in yemmiganur Depot, he was asked to conduct the Bus bearing Registration no. APZ 8985 plying on the route Yemmiganur to Hyderabad, which was checked and consequently disciplinary proceedings have been initiated against him for the following charges:" (1) For having failed to collect the fare and issue tickets to a batch of 10 adult passengers and 11 chargeable children passengers found travelling without tickets from Madhavaram to Yerragera, ex. stages 11 to 9. (2 ). For having closed the ticket tray numbers of all denominations in the sr upto stage Number 10 without completing the above ticket issues. (3) For having failed to observe the rule issue and Start . "under Regulation 28 of the Andhra Pradesh State Road Transport Corporation employees (Conduct) Regulations, 1963, the acts or omissions which constitute misconduct have been enumerated. One such misconduct is as follows:"28. (vi) (a ). Failure on the part of the Conductor to issue valid passengers ticket, in accordance with the order passed by the Corporation of any other authority under the Corporation, from time to time, before starting or allowing a bus to be started from the point where such passenger boarded in respect of mofussil services, and before passing a Ticket Issue completion Point, fixed from time to time in respect of City/town services. (ix) (a) Gross negligence resulting in or likely to result in serious loss to the corporation or inconvenience to the public or both; (b) Neglect of duty resulting in or likely to result in danger to the lives of employees or of their persons or both;" (Emphasis supplied byus ).

( 2 ) THE Enquiry Officer appointed by the Corporation found the employee guilty of all the three charges levelled againsthirn. The Disciplinary Authority, viz. , the Depot Manager, A. P. State Road Transport Corporation, Yemmiganur, accepted the report of the Enquiry Officer and imposed the punishment of removal from service.

( 3 ) AGGRIEVED by the order of the Depot Manager, the employee preferred appeal to the Divisional Manager, Kurnool Division. He confirmed theorder of removal. Questioning the validity of that order, he filed a Review petition before the Regional Manager, Cuddapah Region, He, in turn, passed the following order on January 21,1981:"i have gone through the review petition and other concerned records. I find that the action of the Depot Manager was based on well established charges. The plea of the petitioner is not tenable and the grounds of reasoning are not valid. There is therefore no need to interfere with the orders of the Depot Manager. But only on compassionate grounds, I am inclined to take a lenient view in consideration of his long service. I, therefore, hereby order that the petitioner be appointed afresh as a conductor and is directed to report to Divisional Manager, Anantapur within 15 days of receipt of these proceedings, failing which the proceedings are deemed to have been cancelled. " (emphasis supplied by us) pursuant to this order, the appellant herein joined service as a fresh employee on February 15, 1981. Thereafter, he preferred revision to the Corporation under Regulation 30 of the Andhra Pradesh State Road Transport Corporation employees (Classification, Control and Appeal) Regulations, 1967. It was rejected on March 5,1981. Thereafter,he filed Writ Petitionno. 12043/1983, out of which this appeal arises.

( 4 ) IT is submitted by Mr. Ramachahdra Rao, the learned counsel for the appellant, that the order passed by the Regional Manager is the one modifying the punishment of removal by substituting the punishment of fres

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