IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.6665 of 2007 Date : 23.01.2026 Between :

A.M.Reddy. .. Petitioner AND The Divisional Manager, APSRTC and another.

.. Respondents

ORDER:

This writ petition is filed aggrieved by the Award dated 12.05.2006 passed by the Industrial Tribunal-cum- Labour Court, Warangal (for short ‘the Labour Court’) in I.D.No.156 of 2003.

2. Brief facts of the case are as follows :-

(a) The petitioner was appointed as a driver in the

1^st respondent Corporation. On 30.03.1999, he was issued a charge-sheet framing the following charge :-

‘For having thrown the log sheet of Vehicle No.AP-9Z- 7905 at the control chart of the depot and absconded from duty at about 04.40 on 5.3.99 causing cancellation of KMS, which amounts to misconduct under Reg.28 (xxxii) of APSRTC Employees (Conduct) Reg.1963.”

(b) The petitioner has not submitted any explanation and the respondent ordered domestic enquiry. The Enquiry Officer conducted an enquiry and submitted a report stating that the charge levelled against the petitioner was proved. The respondent, having concurred with the findings of the Enquiry Officer, issued a show-cause notice of removal to the petitioner. The petitioner has not submitted any explanation to the said show-cause notice.

(c) The disciplinary authority, after considering the material available on record, imposed the punishment of removal from service vide proceedings dated 31.05.1999. Aggrieved thereby, the petitioner filed an appeal before the appellate authority. The appellate authority modified the punishment of removal to that of stoppage of two increments for a period of two years with cumulative effect besides treating the period from the date of removal till the date of reinstatement as not on duty for all purposes. Aggrieved thereby, the petitioner filed I.D.No.156 of 2003 and the Labour Court vide Award dated 12.05.2006 dismissed the I.D. confirming the order passed by the appellate authority. Aggrieved thereby, the petitioner filed the present writ petition.

3. Learned counsel appearing for the petitioner submits that on 05.03.1999 when the petitioner started the bus at the bus station, the vehicle did not move as the gear box was struck up and he brought back the vehicle to the depot and handed over to the concerned authorities. Due to ill- health, the petitioner left the depot and could not attend the duty till 29.03.1999. The petitioner has not absconded from duty. The punishment imposed against the petitioner would cause severe loss to the petitioner. The Labour Court, without considering the submissions made by the petitioner, erroneously dismissed the I.D. Therefore, appropriate orders be passed in the writ petition by setting aside the impugned Award of the Labour Court and allow the writ petition.

4. Learned Standing Counsel appearing for the 1^st respondent submits that on 05.03.1999 the petitioner went to the Parkal bus station along with service conductor and brought back the vehicle within 15 minutes on the plea that the vehicle is having the break struck up defect. Immediately, the respondent Corporation allotted another vehicle and the petitioner refused to proceed on duty and left the depot without performing duty. Therefore, the service was operated with the help of another driver. Subsequently, domestic enquiry was conducted against the petitioner and basing on the enquiry report, the petitioner was removed from service on 31.05.1999. On appeal, the appellate authority by taking a lenient view modified the punishment of removal to that of stoppage of two increments for a period of two years with cumulative effect besides treating the period from the date of removal till the date of reinstatement as not on duty for all purposes.

Aggrieved by the order of the appellate authority, the petitioner filed I.D.No.156 of 2003 and the Tribunal vide Award dated 12.05.2006 dismissed the I.D. confirming the order pass