IMPORTANT POINT
Existence of an alternative remedy is not considered to be an absolute bar for granting a writ under Article 226 of Constitution.

Nooty Ramamohana Rao, J.

Both these writ appeals are preferred by the Telangana State Road Transport Corporation and its officials under Clause 15 of Letters Patent, calling in question the correctness of the judgment and order rendered on 07.08.2015 in writ petition Nos.18451 and 21988 of 2015. The sole respondent in both these appeals is the writ petitioner concerned, who instituted the aforementioned two writ petitions.

Heard Sri B.Mayur Reddy, learned standing counsel for the appellant – corporation and Sri B.Narasimha Goud, learned counsel for the writ petitioners/respondents.

Since the contentions are common and also in view of the fact that both the writ petitions were decided by a common judgment, it is only appropriate that both these appeals should be disposed of by this common order.

For convenience sake, we will set out, in detail, the facts leading to institution of W.P.No.18451 of 2015. The writ petitioner was employed in the service of the appellant – corporation as a conductor. He appears to have suffered a set back in his health. Consequently, finding that the notified doctor of the R.T.C. is not available at Kalwakurthy, the writ petitioner went to Area Government Hospital, Kalwakurthy. The Government Doctor has prescribed medicines to be consumed by the writ petitioner and also advised him to take rest and accordingly issued a sick certificate to him. It is the specific case of the writ petitioner that the sick certificate issued by the Area Government Hospital, Kalwakurthy has been forwarded to the Depot through other employees by name Sri Jagdish, Conductor (Employee No.151367) and Driver Devaiah (Employee No.15009). It is also his specific case that the said sick certificate has been handed over to Sri Ram Reddy of the Depot, who has received it and kept it with the duty chart. It is noteworthy that this assertion fact by the writ petitioner was never disputed or denied by the appellants. It is also the specific case of the writ petitioner that on 02.01.2015 he submitted a representation to the Depot Manager, Kalwakurthy brining to his notice that he fell sick on 01.01.2015 and that he was undergoing treatment as suggested by the Government Doctor attached to the Area Government Hospital, Kalwakurthy and hence he sought for referring him to the R.T.C. Hospital at Tarnaka for better treatment. This letter has been received by the Depot, Kalwakurthy on 02.01.2015. A copy of this representation made by the writ petitioner on 02.01.2015 was in fact exhibited at page No.51 of the paper book filed in this appeal. It clearly bears the rubber stamp of Bus Depot at Kalwakurthy. Thus, evidencing that it is received in the said Depot on 02.01.2015. On the left hand side margin of this representation, an endorsement was also made, which reads as under:

“Forwarded to DVM”

It was signed by the Deputy Superintendent on 02.01.2015.

Thus, the representation of the writ petitioner seeking a referral to the Hospital run by the Corporation at Tarnaka was received by the Depot at Kalwakurthy. But however, it was forwarded to a superior officer namely Divisional Manager of the Corporation. It is the specific case of the writ petitioner that no such permission was accorded for referring him for receiving better treatment at the Corporation hospital at Tarnaka, as a result he had undergone treatment locally and consequently could not attend to his duties till 05.01.2015. This fact was not denied at all by the appellants.

The Controller of Operations of Kalwakurthy Depot appears to have filed a report on 05.01.2015 alleging that the writ petitioner was unauthorisedly absent to his duties. Based thereon, a charge sheet was drawn on 10.01.2015 against the petitioner framing the following charge.

“For having absented un-authorisedly for your duties from 01.01.2015 to 05.01.2015 neither with prior sanction of leave from the depot authorities nor submitted any sick certificate from the RTC Hospitals, which resulted in dislocati