THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO.8833 OF 2025

ORDER:

The present writ petition is filed seeking the following relief: “…to declare the action of the respondents in recovering the amounts from the petitioner salaries is bad arbitrary, illegal and against to the principles of natural justice by setting aside the Final Order No.P1/535(1)/2024-MDK dt.21-12-2024 of the 3rd respondent herein and consequently direct the respondents not to recover any amounts in concerned with the above Final Orders and also direct to repay the amounts if recovered any to the petitioners …”

2) Heard Sri P.Venkateswara Rao, learned counsel for the petitioners, and Sri U.Shanthi Bushan Rao, learned Standing counsel appearing for respondents 1 to 3, and learned Government Pleader for Transport appearing for respondent No.4.

3) Learned counsel for the petitioners submits that the petitioners are working as drivers in Medak Bus Depot since long time. While so, respondent No.3 has issued a Charge Sheet-cum- Show Cause Notice for Recovery dated 15.07.2024 for recovery of certain amounts by leveling three charges, for which, the petitioners have submitted their explanation. But, without proper consideration of the said explanations, the final order dated

21.12.2024 were issued ordering recovery of wages for the period absented for duty, without conducting enquiry as per the Regulations governing the respondent Corporation i.e. TSRTC Employees (Conduct) Regulations, 1963 (in short ‘RTC Regulations’). Learned counsel further submits that issuance of Charge Sheet- cum-Show Cause Notice for Recovery dated 15.07.2024 itself is illegal as there is no such procedure in the RTC Regulations. If any irregularity or misconduct is committed by the workman, initially a preliminary enquiry shall be conducted and if any prima facie case is made out therein, a charge sheet should be issued and domestic enquiry has to be conducted by giving opportunity to the delinquent officer. Thereafter, if the charge is proved in the enquiry, a show cause notice has to be issued. But in the case of the petitioners, the Charge Sheet-cum-Show Cause Notice were issued contrary to the RTC Regulations and contrary to the judgments of this Hon’ble Court. Therefore, the learned counsel contends that passing of final orders, without conducting the detailed enquiry for effecting recovery, itself is arbitrary, illegal and against the principles of natural justice. Learned counsel also brought to the notice of this Court that the respondents have already effected recovery in eight installments.

4) Per contra, the learned Standing Counsel contends that the Charge Sheet-cum-Show Cause Notice for Recovery dated 15.07.2024 have been issued to the petitioners with specific charges i.e. (i) obstructing the operation of 44 services (ii) striking duties from 21.06.2024 to 23.06.2024 causing cancellation of 44 services and (iii) violating administrative circulars, for which, the petitioners have submitted their explanation and after consideration the said explanations, the final orders dated 21.12.2024 were passed ordering recovery of wages for the period of unauthorized absence, as per Regulation 8 (1) of RTC Regulations, which provides for recovery from pay of whole or part of any pecuniary loss caused to the Corporation by an employee’s negligence or breach of orders. Further, as per Regulation 8 (5), the penalty of recovery from pay of whole or part of any pecuniary loss caused to the Corporation by an employee’s negligence or breach of orders may be imposed in addition to any other penalty which may be inflicted in respect of the same act of negligence or breach of orders. Therefore, issuance of Show Cause Notices dated 15.07.2024 is legal, valid and in accordance with RTC Regulations.

4.1) Learned Standing Counsel further submits that the petitioners resorted to illegal strike from 21.06.2024 to 23.06.2024, which resulted in substantial loss of revenue to the Corporation and signific