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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAMAVARAPU RAJESHWAR RAO
D.Kistaiah – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to reinstate continuity of service after removal. (Para 2 , 3 , 4) |
| 2. enquiry process must uphold fairness including cross-examination. (Para 5 , 6 , 20) |
| 3. previous service record and acquittal impact reinstatement considerations. (Para 7 , 8 , 12 , 17) |
| 4. court enhances equity by granting partial relief in financial compensation. (Para 21 , 22) |
| 5. court disposes writ petition with directed relief of back wages. (Para 23) |
ORDER :
This Writ Petition is filed for the following relief:
2. Heard Sri CH. Jagannatha Rao, learned counsel for the petitioner, and Sri N. Chandra Sekhar, learned Standing Counsel for TGSRTC, appearing for the respondents. Perused the material on record.
That the petitioner was initially appointed as a daily wage driver in APSRTC in the year 1991, and his services were regularized with effect from 01.08.1995. Ever since his date of appointment, he is discharging his duties to the utmost satisfaction of his superiors, maintaining an unblemished record and achieving the targets fixed by the Corporation. That being so, on 18.06.2007, the petitioner was instructed to operate bus No.AP-11Z-1465 on the route Karimnagar – Nizamabad at 05:3
Procedural fairness in labour enquiries requires opportunity for cross-examination and consideration of employee's arguments, reflecting the need for equitable treatment in disciplinary actions.
In cases of wrongful termination of service, the employee is entitled to back wages unless the employer proves that the employee was gainfully employed during the relevant period.
Point of law: punishment imposed on the petitioner by way of removal from service is shockingly disproportionate to the charge of closing the SR prematurely and this requires to be interfered with by....
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Punishments not prescribed in regulations cannot be imposed, and lack of anticipation and negligence can contribute to an accident.
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