THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.19428 of 2018

ORDER:

This writ petition is filed seeking the following relief:

“to call for records relating to the impugned award dated 19.12.2017 passed in I.D.No.19 of 2015 on the file of respondent No.1 in so far as backwages and attendant

benefits for the period of removal are concerned.”

2. Heard Sri G. Rajesh, learned counsel for the petitioner and Sri

Panakanty Satish Kumar, learned counsel for respondent No.1.

3. The brief facts of the case are that petitioner was appointed as conductor while working under the control of respondent No.4 was charge sheeted on 11.06.2013 alleging unauthorized absence to duties from 05.06.2013 to 10.06.2013. It is further alleged that he is not available to duty from January, 2013 to June, 2013 for 26 days, sick for 35 days and leave for 5 days. It is stated that he was fallen sick and took treatment from Government Primary Health Centre, Nelakondapally, Khammam District from 05.06.2013 as is evident from the sick certificate doctors advised him to take complete bed rest for recovering from illness. It is submitted that sick certificate from 05.06.2013 to 08.06.2013 and later it was extended to 10.06.2013 and he was declared fit from 11.06.2013 and he reported

for duty along with fitness and extension certificate, but he was not allowed to duty. It is stated that petitioner submitted detailed explanation and thereafter show cause notice of removal was issued and finally issued order dated 14.09.2013 bearing No.P2/1(33)/13- KDD removing him from service and against the said removal order, he preferred appeal and review petition before respondent Nos.3 and 4. Subsequently, he filed I.D.No.19 of 2015 before respondent No.1 which vide order dated 19.12.2017 reinstated him into service with continuity of service but without backwages and attendant benefits for the period of removal. Against the order dated 19.12.2017, the present writ petition is filed.

4. Learned counsel for the petitioner submits that though respondent No.1 rightly reinstated the petitioner into service without continuity of service but went wrong in denying the backwages and attendant benefits, without properly appreciating the facts and circumstances and the material available on record. It is further contention of the petitioner that respondent No.1 rightly held that the orders of removal is disproportionate to the charges proved against petitioner and for no fault of the petitioner, he was denied backwages and attendant benefits.

5. In a counter filed by the respondents it is denied that without any intimation or prior sanction of leave or without producing valid sick certificate within stipulated time petitioner remained absent, which resulted dislocation of maintenance of buses, causing late running services, cancellation of kilometres, and loss of revenues to the corporation besides Public inconvenience which constitutes mis- conduct under Reg.28 (xviii) & (xxxii) if APSRTC Employees Conduct Reg. 1963. It is further stated that AM (T)/KDD was nominated as Enquiry Officer and enquiry was conducted and enquiry report dated 19.06.2013 was submitted wherein he stated clearly that the petitioner has unauthorisedly absented for his duties from 05.06.2013 to 10.06.2013. It is further stated that after careful consideration of the charge sheet and statement record during the course of enquiry and gone through the findings of Enquiry Officer, respondent No.4 came to the conclusion that the charges levelled against the petitioner stands proved and imposed penalty of Removal from service and proper thus a show cause notice for removal was issued on 19.06.2013 to the petitioner and the petitioner submitted explanation ion 26.07.2013 stating that he was suffering with Typhoid and after considering all the facts and available records, the Depot Manager, Kodad Depot issued removal proceedings vide order dated 14.09.2013 and the appellate authority i.e., the Dy. CTM/NLG rejected the