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LAXMI NARAYANA ALISHETTY
P. Devadas – Appellant
Versus
VC and MD, TSRTC, Musheerabad, Hyd. – Respondent
ORDER :
Laxmi Narayana Alishetty, J.
The present writ petition is filed to declare the action of the 3rd respondent in issuing the impugned order in Proc.No.P1/1(38)/2016-MDCL, dated 23.05.2017 terminating the services of the petitioner as being illegal, arbitrary and violative of principles of natural justice and contrary to Regulation 12(3) of the APSRTC Employees (Classification, Control and Appeal ) Regulations, 1967 (for short, ‘Regulations, 1967’) and consequently set aside the same.
2. Heard Sri G. Rajesh learned counsel for petitioner and Sri M. Ram Mohan Reddy, learned standing counsel for the TSRTC appearing for respondents.
3. The brief facts that lead to filing of the present writ petition are that petitioner was appointed as Conductor in the respondent-Corporation in the year 2013 on contract basis and has been discharging his duties. While so, he submitted leave application for the period from 25.09.2016 to 28.09.2016 as he was suffering with severe illness along with medical certificate, however, the 3rd respondent has issued charge memo dated 28.09.2016 framing two charges without considering the leave application, to which petitioner submitted explanation stating that
Termination of employment without notice or inquiry violates principles of natural justice and is unsustainable under Regulation 12(3) of the APSRTC Regulations.
Termination without notice or opportunity to be heard violates natural justice principles, necessitating remand for proper inquiry.
Termination without proper procedure and documentation is disproportionate, violating legal norms on employee's rights.
The termination of services should be made by the appointing authority, and proper opportunity of hearing must be provided before making a decision with serious implications.
Termination orders based on misconduct must adhere to natural justice principles, ensuring employees have a fair opportunity to defend themselves.
Probationary employees have limited protections under Article 311, permitting non-stigmatic terminations based on suitability assessments without the full rigor of disciplinary proceedings.
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