*THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO +W.P. No.13887 OF 2008 % 25-11-2025 # The Depot Manager, APSRTC, Narsampet Bus Depot, Warangal.

….petitioner Vs.

$ The Presiding Officer, Industrial Tribunal-cum-Labour Court, Warangal and another …. Respondents !Counsel for the petitioner : Sri N. Chandra Sekhar, SC for TGSTRC.

Counsel for Respondent No.2 : Sri P. Sridhar Rao,

? Cases referred:

IN THE HIGH COURT FOR THE STATE OF TELANGANA HYDERABAD * * * *

W.P. No.13887 OF 2008 Between:

The Depot Manager, APSRTC, Narsampet Bus Depot, Warangal.

….petitioner Vs.

The Presiding Officer, Industrial Tribunal-cum-Labour Court, Warangal and another … Respondents ORDER PRONOUNCED ON: 25.11.2025 THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? : Yes

2. Whether the copies of judgment may be Marked to Law Reporters/Journals? : Yes

3. Whether His Lordship wishes to see the fair copy of the Judgment? : Yes __________________________________ NAMAVARAPU RAJESHWAR RAO, J THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.13887 OF 2008

ORDER:

This Writ Petition is filed seeking to set aside the Award in I.D.No. 85 of 2006, dated 06.09.2007 passed by the Industrial Tribunal-cum-Labour Court, Warangal.

2. Heard Sri N. Chandra Sekhar, learned Standing Counsel for TGSRTC, appearing for the petitioner, and Sri, P. Sridhar Rao, learned Counsel appearing for the respondent No.2. Perused the material available on record.

3. Brief facts of the case are as follows:

(a) That respondent No.2 was appointed as a temporary Cleaner w.e.f. 25.01.1980 and working under the control of the petitioner at the material time and he is bereft of clean record. The respondent No.2 while working in the night shift from 20.00 hours to 04.00 hours on 13.05.1988 was allotted the duty of sweeping of vehicles. But, after allotting the duties, he had swept only 15 vehicles and left the Garage without any permission and without any intimation to the shift Supervisors. Then, on duty Mechanics, who were maintaining the vehicles, informed the shift Supervisor that majority of vehicles were not swept. As such, another Cleaner was arranged by providing him double duty to avoid dislocation of services in the morning of 14.05.1988 and the same was endorsed in detail in S.D.Book.

(b) Later, the same was reported to the Depot Manager, Narsampet, on 13.05.1988. Based on the report and on the basis of other material evidence, the respondent No.2 was kept under suspension and a chargesheet was issued on 21.05.1988 with the following charges.

CHARGES:

1) For having absconded from the duties for 23.30 hours to 04.00 hours during the shift hours from 20.00 hours to 04.00 hours on 13.5.1988 without obtaining the permission of the shift supervisor, which is misconduct under Reg. 28(ix)(a) of APSRTC Employees (Conduct)

Reg. 1963.

2) For having failed to sweep the 15 vehicles bearing Nos. 5912, 4269, 32956, 7880, 2558, 4270, 7957, 8145, 9766, 2457, 2013, 1295, 6688 and 2322 while you were on duty on 13.5.1988, causing much inconvenience to the traveling public, which is misconduct under Reg.28(ix)(a) & (xxxii) of APSRTC Employees (Conduct) Reg. 1963.

4. The respondent No.2 submitted his reply for the above charges. Not convincing with the reply, the petitioner ordered for domestic enquiry duly nominating Chief Inspector (Enquiries), Divisional Manager's Office, Warangal, as an Enquiry Officer. The Enquiry Officer conducted the enquiry duly following the principles of natural justice and C.C.A. Regulations. Thereafter, the Enquiry Officer recorded his findings and transmitted the report to the petitioner with a finding that the charges levelled against the respondent No.2, were proved. Thereafter, the petitioner having gone through the findings of the Enquiry Officer, imposed punishment against respondent No.2 through the proceedings dated 03.08.1988, with a penalty of deferment of annual increments be postponed for a perio