JUDGMENT :

Heard Sri S.M. Subhan, learned counsel for the petitioner and Sri K. Arjun, learned counsel, representing Sri N. Srihari, learned standing counsel for APSRTC.

2. This writ petition has been filed for the following relief:

“...to issue an order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in imposing the punishment of Removal from service besides treating the absent period as not on duty on the allegation of not reporting for duty at the transferred place without serving Transfer order, vide proc. No. E2/813 (2)/2018-RM-KNL, Dt. 27-08-2020, which was confirmed by the Appellate Authority, vide Proc. No. ST/19(13)/2020-DY.CME-KNL, Dt.19-12-2020, forthwith as capricious, unconstitutional, and as such liable to be set aside in the interest of justice with a consequential direction to the respondents to continue the petitioner with all consequential benefits and wages of the petitioner w. e. f. 17-03-2020 forthwith and pass such order or orders...”

3. Sri S. M. Subhan, learned counsel for the petitioner submitted that the petitioner was appointed as Shramik in the year 2011 and was promoted as Mechanic. While working as Mechanic in 5th respondent/Depot Manager, APSRTC, Kurnool-2 Depot, Kurnool District, A.P., he was orally directed to go and report to Atmakur depot on repatriation without serving the copy of the order of repatriation/transfer and in spite of the petitioner’s repeated request, any such order was not furnished. The petitioner suffered ill-health, fever and jaundice, and filed medical certificate of the Government Medical Officer/Civil Surgeon Specialist, Community Health Centre, Atmakur, Kunrnool District (Ex.P1), which was received in the Office of the Regional Manager, APSRTC, Kurnool on 18.03.2020. Taking into consideration the petitioner’s sick information, vide letter dated 10.03.2020 with copy of the medical certificate, the Personal Officer/3rd respondent, vide reference No.E2/813(2)/2018-RMKNL, dated 18.03.2020 (Ex.P3) advised the petitioner to report at Atmakur depot, so as to direct the petitioner to go to APSRTC Dispensary, Kurnool/Nandyal for better treatment, and if necessary, direct the petitioner to go to APSRTC Central Hospital, Vidyadharapuram, Vijayawada, failing which, it was provided, that necessary disciplinary action will be initiated.

4. He further submitted that the petitioner was served with the charge sheet, vide reference proceedings No.E2/813(2)/2018-RM-KNL, dated 17.03.2020 (Ex.P4) for having failed to report at Atmakur (K) depot till 17.03.2020, as constituted misconduct, under Regulation No.28 (xxvii) & (xxxi) and 31 of APSRTC Employees (Conduct) Regulations, 1963. The charge sheet was issued by the Personal Officer/3rd respondent. In the enquiry, the petitioner stated that he was not informed about the transfer to Atmakur depot and he was not in a position to perform duties at Atmakur depot due to start of Corona pandemic. He also suffered ill-health and submitted sick certificate from Community Health Centre, Atmakur. The petitioner was, however, removed from service, vide proceedings No. E2/813(2)/2018-RM-KNL, dated 27.08.2020 by the Personal Officer, Kurnool APSRTC/3rd respondent. The petitioner’s departmental appeal was also dismissed by the Appellate Authority, vide proceedings No. Sk/19(13)/2020-Dy-CME-KNL, dated 19.12.2020 (Ex.P6) of the Deputy Chief Mechanical Engineer, Kurnool/4th respondent. The petitioner, in his service period of more than 9 years, had no damage cases, no complaint case4s and no cases of absenteeism from duty, no assaulted cases and he is maintaining clean record.

5. Sri S. M. Subhan, has challenged the impugned order mainly on the grounds; (i) that any order of repatriation/transfer was not served in spite of the petitioner’s request; (ii) the petitioner’s application for sick leave was required to be considered as per Rule 11 of the APSRTC Leave Rules, and Circular No.PD-03/1999, dated 0