Termination without notice or opportunity to be heard violates natural justice principles, necessitating remand for proper inquiry.

ORDER :

(K. MANMADHA RAO, J.)

The writ petition is filed under Article 226 of the Constitution of India for the following relief:

“….to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings in No PA/67516/2019ED/VJA dated 04.04.2019 issued by the 3rd respondent by Rejecting the petitioners Mercy Petition filed against the Proceedings in Lr No E1/119/2014RPL dt 10.03.2015 issued by the 6th respondent thereby terminating the petitioner from the services of the 2^nd respondent corporation without issuing notice and opportunity of hearing to him in violation of principles of natural justice as illegal irregular arbitrary unjust infringement of his right to livelihood violative of settled principles of service jurisprudence contrary to the provisions of the Andhra Pradesh State Road Transport Corporation Employees Conduct Regulations 1963 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents to reinstate the petitioner in the post of driver in the services of the 2nd respondent corporation with attendant benefits and pass….”

2. The facts of the case are that the petitioner was appointed as Contract Driver in service of the 2^nd respondent Corporation on 08.10.2010 and posted at the 6^th respondent depot. The petitioner has put up 5 years of service. From the date of joining, the petitioner had attended to his duties and performed to the best of his abilities without any adverse remarks in his service. The 1^st respondent organization is governed by Andhra Pradesh State Road Transport Corporation Employees (Conduct) Regulations, 1963. The petitioner was assigned with Employee Code No: E.729194 by the 2^nd respondent. The petitioner was governed under the said regulations. On 17.10.2014 after discharge of duties as driver, the petitioner was informed that his father by name Sambaiah was hospitalized due to severe illness on 17.10.2014. Since there were no elders at his home, the petitioner rushed to his village to take care of his father. The treatment of his father took long time but unfortunately, the petitioner's father died on 29.07.2016. Being an elder son, the petitioner had to perform funeral and other traditional customs of his deceased father. In such dire circumstances, the petitioner could not attend to duties from 17.10.2014 for period. It is further stated that the petitioner absent to his duties was not intentional but it was beyond his control on account of hospitalization and thereafter demise of his father. The then 6^th respondent unilaterally terminated the petitioner from services vide Proceedings Lr.No.E1/1(19)/2014-RPL, dated 10.03.2015 without issuing any prior show cause notice, without calling for his explanation and without giving any opportunity of hearing to the petitioner, is in violation of principles of natural justice. Hence, the present writ petition.

3. The counter affidavit has been filed by respondents No.2 to 6. While denying the allegations made in the petition, inter alia, contended that, the petitioner was terminated from the service in un-authorized absenteeism for 3 times. It is stated that first time he was terminated on 13.12.2012 and later he was re-instated into service as a fresh contract driver on appeal considered by the Deputy Chief Traffic Manager, Guntur and posted to Mangalagiri Depot. It is further stated that, again the petitioner was absented to his duties and was terminated from service on 23.10.2013 and later was re-instated into service on appeal considered by the Regional Manager, Guntur and posted to Guntur- 1 Depot. It is stated that the petitioner absented to his duties at Repalle Depot and was terminated from service on 10.03.2015. It is stated that the petitioner was given so many opportunities to improve his working habits and attend his duties without absenteeism. It is stated that in spite of many opportunities the petitioner failed in attending his duties with utmost care and