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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE MAHESWARA RAO KUNCHEAM, J
V.S. Rayudu, S/o. Gopal, Occ: Driver – Appellant
Versus
Andhra Pradesh State Road Transport Corporation Rep By – Respondent
ORDER:
The instant writ petition is being filed by the petitioners seeking the following main relief under Article 226 of Constitution of India, which reads as under:
“to issue an appropriate Writ, Order or Directions, particularly one in the nature of Writ of Mandamus, declaring that the Common Office Order issued by the 3rd respondent in proceedings No.E1/482(1)/16-MYDK, dated 20.12.2016, received on 28.12.2016 ordering to recovery of the amounts from the salaries of the petitioners in three equal monthly installments without giving any notice and opportunity as illegal, unjust, contrary to law, arbitrary, irrational, discriminatory, amounts to unfair labour practice and violative of principles of natural justice and violative of Articles 14, 16 and 21 of the Constitution of India by directing the 3rd respondent to refund the deducted amount with interest by granting all consequential benefits in the interest of justice and to pass…..”
Brief case of the petitioners:
2. As per the version stated in the writ petition, all the petitioners are working as permanent employees of the 1st respondent Corporation and discharging their duties as Drivers and Conductors in the 3rd respondent Depo
The court ruled that recovery of salary amounts without prior notice or inquiry violates principles of natural justice and relevant regulations, rendering such orders illegal.
Recovery of salary without prior notice or inquiry violates principles of natural justice, rendering the action illegal and arbitrary.
The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
Termination without notice or opportunity to be heard violates natural justice principles, necessitating remand for proper inquiry.
The main legal point established in the judgment is that the principle of natural justice should be applied based on the nature of the inquiry and the opportunity of hearing provided, and that admiss....
Administrative decisions involving civil consequences must adhere to natural justice principles, including the right to be heard before punitive actions.
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