M.P. Rao v. The Apsrtc

THE HON’BLE SRI JUSTICE N. RAVI SHANKAR

WRIT PETITION No.25059 of 2010

ORDER:

Heard Sri V.Narasimha Goud, the learned counsel for petitioner and Sri K.Satyanarayana Murthy, learned Standing Counsel for Andhra Pradesh State Road Transport Corporation (for short - Corporation).

2. In this writ petition, the petitioner is questioning the order dated 14.11.1995 of the fourth respondent discharging him from service as Conductor and also the appellate order dated 19.07.2000 passed by the third respondent appointing him as casual Driver afresh in the Corporation disregarding his seniority and denying him continuity of service with back wages and all attendant benefits.

3. The petitioner earlier was engaged as a casual driver in the month of September 1992 in the fourth respondent’s depot of the Corporation. Subsequently, the fourth respondent by his order dated 14.11.1995 disengaged him from service without giving any reasons. The counter now filed on behalf of the respondents would read that the petitioner was disengaged from service on the ground that he was involved in a criminal case pertaining to an excise offence relating to transport of Indian Made Foreign Liquor (IMFL) bottles during prohibition period.

4. The aforesaid criminal case is C.C.No.574 of 1997 in the Court of the Special Judicial Magistrate of First Class, Excise Court, Ongole, and the petitioner was prosecuted in that case for an punishable under Section 8(d) of the Andhra Pradesh