IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
CH. BABU R.R.DIST. – Appellant
Versus
THE DEPOT MANAGER R.R.DIST. – Respondent
WP 19236/2008
##PAGE1##
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
Dated this the 25th day of March 2026 WRIT PETITION No.19236 of 2008
Between:
Ch. Babu .. Petitioner AND
The Depot Manager, APSRTC, H.C.U. Depot, Gachibowli, R.R.
District.
.. Respondent
ORDER:
The present Writ Petition has been filed to quash the
impugned award passed by the Labor Court-I, Hyderabad, on 20.09.2006 in I.D. No. 231 of 2004 in holding the domestic enquiry as valid, as well as impugned award dated 15.06.2007 in I.D. No. 231 of 2004 in upholding the order of removal from service as valid. Consequently, direct the respondent to reinstate the petitioner into service along with
all consequential benefits including back wages.
2. Heard Sri V. Narsimha Goud, learned counsel for the petitioner and Sri N. Srushman Reddy, learned Standing
counsel for TGSRTC, appearing for the respondent.
##PAGE2##2
3. Brief facts of the case are as follows:
(a) Petitioner joined the services of the respondent’s
Corporation as conductor on 19.02.1986. Subsequently, his services were also regularized w.e.f. 28.11.1986. While so, he was removed from service by the respondent vide order dated 23.03.2003. After rejection of appeal and review vide respective orders dated 19.05.2003 & 22.12.2003, the petitioner raised I.D. No.231 of 2004 before the Labor Court-I,
Hyderabad explaining the following facts.
(b) While the petitioner was conducting the bus
service on 09.06.2002 on route No. 216 from Lingampally to Koti ex-stages 6 to 20, a check was affected at stage No.18 and issued memo alleging certain irregularities. In the said charge memo, the petitioner was asked to submit explanation within seven days which expires on 16.06.2002. But in the mean while, the respondent has suspended the petitioner from service on 13.06.2002 and issued chargesheet dated
13.06.2002 alleging the following charge:
CHARGE:
Checked your bus found one passenger traveling with ticket No.027/944831 of Rs.7/- denomination who boarded the bus at Lingampally and bound for Mehdipatnam cross Roads, ex-stage 6-16, but in your SR
##PAGE3##3
Rs.7/- opening No. 027/944848 of Rs.7/- denomination. The above Rs.7/- denomination ticket No. 027/944831 issued previous day ticket. Hence taken TPT No.027/944877 of Rs.7/- denomination. In this connection, TTIs of HES/HYD confiscated your SR and issued new SR on reissue charge, which constitutes misconduct in terms of Regulations 28(xxiii) of APSRTC
Employees (Conduct) Regulations 1963.
(c) For the above charge, the petitioner submitted a
letter dated 14.06.2002 to furnish him the relevant documents so as to submit explanation to the chargesheet. But without considering the above reasonable request, the respondent has ordered an enquiry. On receiving the enquiry notice, the petitioner submitted a letter dated 24.08.2002 to the enquiry officer to furnish him with relevant documents. Though the enquiry officer received the letter, but he did not furnish the documents. Apart from that, another letter dated 12.11.2002 was also submitted to the enquiry officer to summon the (2) checking officials as well as the passengers in question. Though the enquiry officer received the said letter, but not considered. As such, he submitted representations on 07.12.2002 & 25.12.2002 respectively. However, without considering the above, the enquiry officer conducted the
enquiry ex parte.
##PAGE4##4
(d) Based on the ex parte enquiry report, the
respondent issued show cause notice of removal and
thereafter he passed the order of removal from service.
4. Learned counsel for the petitioner submits that the enquiry officer without giving any opportunity to the petitioner to participate in the enquiry straight away came to the conclusion that charge levelled against him is proved and proposed the punishment of removal. Thereafter, the petitioner raised the dispute. At the time of raising the dispute U/s. 2-A(2) petition dated 12.12.2004, the petitioner filed list of documents en
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.