Allowed

S.Anjaneyulu, v. The Regional Manager

Telangana HC15 Nov 2011WP/30217/2011

Case brief

AI extract

What is this about?

The High Court allowed the writ petition challenging the termination of a contract conductor because no domestic enquiry or show-cause notice was issued. The order of termination is set aside, and the petitioner is to be reinstated forthwith without back wages. The respondent is at liberty to initiate disciplinary action.

What did the court decide?

Impugned termination order set aside; Petitioner reinstated into service forthwith without back wages or monetary benefits; Respondents permitted to initiate disciplinary action thereafter.

S.Anjaneyulu, Vs The Regional Manager — Pension and Retirement Benefits | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE G.CHANDRAIAH

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W.P.NO.30217 OF 2011

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O R D E R

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Heard both the counsel.

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2. The petitioner was appointed as contract conductor on 16.5.2006 and on the ground of cash and ticket irregularities, he was terminated from service by order dated 3.1.2008. Aggrieved by the same, the present writ petition is filed.

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3. Before terminating the services of the petitioner, no enquiry in compliance with the principles of natural justice has been conducted and, therefore, on this count, the impugned termination is liable to be set aside.

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4. In similar circumstances, a learned single judge in W.P.No.23103 of 2011 dated 15.9.2011, held as under:

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“Though the engagement of the petitioner was on contract 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 the principles of natural justice, apart from being violative of prescribed procedure.

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Hence, the writ petition is allowed, and the impugned order is set aside. The respondents shall reinstate the petitioner into service with immediate effect. The petitioner, however, shall not be entitled to any back wages, or other monetary benefits, on account of this order, and it shall be open to the respondents to initiate disciplinary action, in accordance with law, if they so intend.”

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5. Having regard to the facts and circumstances and the above extracted judgment of the learned single judge, the writ petition is allowed and the impugned order of termination is set aside. The respondents shall reinstate the petitioner into service forthwith.

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6. It is made clear that the petitioner is not entitled to any back wages, or other monetary benefits, on account of this order and it is open to the respondents to initiate disciplinary action in accordance with law, if they so intend.

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7. No order as to costs.

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AVS ----------------------------15—11—2011

S.Anjaneyulu, v. The Regional Manager

Case brief

What is this about?

What did the court decide?

S.Anjaneyulu, v. The Regional Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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