Allowed

A. lakshminarayana v. The Regional Manager, Apsrtc

Telangana HC29 Sept 2010WP/24180/2010

Case brief

AI extract

What is this about?

In Writ Petition No. 24180 of 2010, Justice L. Narasimha Reddy held that contractual employees of APSRTC are entitled to departmental enquiry and show cause notice before termination, as Service Regulations apply to them. The termination order without enquiry was set aside.

What did the court decide?

Impugned termination order set aside; petitioner reinstated in service without back wages.

A. lakshminarayana Vs The Regional Manager, Apsrtc — Service and Employment | Telangana HC (2010)

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HONOURABLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 24180 OF 2010.

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DATED 29^TH SEPTEMBER, 2010.

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BETWEEN

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A.Lakshminarayana

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and

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The Regional Manager, APSRTC, Kurnool Region, Kurnool and ors

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HONOURABLE SRI JUSTICE L.NARASIMHA REDDY

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WRIT PETITION No. 24180 OF 2010

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ORDER:

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The petitioner was engaged as Driver on contractual basis in the Nandyal Depot of the Andhra Pradesh State Road Transport Corporation in the year 2006. His services were terminated through proceedings, dated 30-08-2006, by the Depot Manager, Nandyal Depot, respondent No.2 herein, on the ground of unauthorised absence. The appeal/review filed by him against the said order were dismissed. The petitioner challenges the said proceedings on the ground that no enquiry was conducted, before his services were terminated. Heard the learned counsel for the petitioner and

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the learned Standing Counsel for the respondents.

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It is, no doubt, true that the appointment of the petitioner is on contractual basis. However, the respondents are under obligation to issue show cause notice and conduct departmental enquiry in case they intend to impose any punishment on such employees. This Court took the view that the very terms of the contract indicate the Service Regulations issued by the Corporation applied to such employees also and in a batch of writ petitions, the orders of termination passed by the Corporation without issuing show cause notice and without conducting domestic enquiry were set aside.

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Hence, the writ petition is allowed and the impugned order is set aside. The petitioner shall be reinstated into service forthwith, but he shall not be entitled to be paid back wages. It shall be open to the respondents to initiate disciplinary proceedings in accordance with law, if they still feel that the same is necessary. There shall be no order as to costs.

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-----------------------------------------------JUSTICE L.NARASIMHA REDDY

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29^{T H} SEPTEMBER, 2010. Msnr

A. lakshminarayana v. The Regional Manager, Apsrtc

Case brief

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A. lakshminarayana v. The Regional Manager, Apsrtc

Case brief

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