A single judge allowed a writ petition by a contractual driver discharged for unauthorized absence. The Court held the order violated natural justice and prescribed procedure due to lack of show cause notice or domestic enquiry, setting it aside.
Impugned order set aside; petitioner restored to approved list of drivers immediately.
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THE HON’BLE MR JUSTICE L. NARASIMHA REDDY
Writ Petition No.23717 of 2010
ORDER:
The petitioner was engaged as Driver, on contractual basis, on 01.03.2007. He joined the service and was being entrusted with the duties. On the ground that he remained absent unauthorizedly from 08.11.2007 to 15.12.2007, the Depot Manager, Waltair, the 3rd respondent, directed deletion of the name of the petitioner from approved list of drivers on contract basis. The same is challenged in this Writ Petition.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
Though the engagement of the petitioner was on contractual basis, the Corporation was under obligation to follow the procedure prescribed under the Regulations for disciplinary matters. Neither any show cause notice was issued, nor any domestic enquiry was directed. The order suffers from the vice of violation of principles of natural justice, apart from being violative of prescribed procedure.
Hence, the Writ Petition is allowed, and the impugned order is set aside. The respondents shall continue the petitioner on the approved list of drivers with immediate effect. The petitioner shall not be entitled to any back wages, and it shall be open to the respondents to initiate disciplinary action, in accordance with law, if they so intend.
There shall be no order as costs.
_____________________ L. NARASIMHA REDDY, J.
Dt.24.09.2010. GJ
3 issues framed by the court
Whether a contractual appointment dismissal violates natural justice and prescribed disciplinary procedure.
Whether the impugned order directing deletion from the approved list is sustainable in the absence of notice.
Whether the petitioner is entitled to back wages following the setting aside of the termination order.
Driver
Corporation
Depot Manager, Waltair
L. Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
