P. Rama Krishna v. The Andhra Pradesh State Road Trasport Corporation

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.27124 OF 2010 ORDER :

This writ petition is filed seeking writ of certiorari calling for the records relating to the orders (i) No.02/1(79)/06-TPG, dated 10.04.2007 passed by the 2nd respondent (ii) No.PA/19(03)/2009DY.CTM/ELR, dated 03.03.2009 passed by the 3rd respondent and (iii) No.PA/675(32)/2009-RM-WG, dated 24.07.2009 passed by the 4th respondent and quash the same as illegal and arbitrary and consequently to continue the petitioner as driver by regularizing his services as per law.

Counter affidavit is filed on behalf of the 1st respondent stating as follows:

"5. It is submitted that subsequently petitioner absented fro duties and after conducting enquiry the 2nd respondent (Depot Manager Tadepalligudem) issued proceedings terminating the services of petitioner with immediate effect and forfeiture of security deposit. The petitioner filed appeal before the 3rd respondent and the same was rejected on 3.3.2009. The petitioner filed review petition before the 4th respondent and the same was rejected on 24.7.2009. Aggrieved by the orders of 4th respondent in confirming the orders of the 2nd and 3rd respondents, the petitioner filed above writ petition. The Hon'ble Court passed interim directions in W.P.M.P.No.34661/2010 in W.P.No.27124/2010 dated 22.11.2010 directing to reinstate the writ petition into service. In obedience of the orders of this Hon'ble Court the petitioner was re-instated into service on 27.1.2011. Even after reinstatement the writ petition was absent from duties and he was removed from service w.e.f 29.10.2011."

Heard learned counsel for the petitioner and Sri S.V.Ramana, learned Standing Counsel for the respondent Corporation.

In view of the averments in the counter affidavit at para No.5, nothing survives for consideration in this writ petition.

Learned counsel for the petitioner seeks liberty to challenge the proceedings No.P1/1/(140)/2011-TNK, dated 29.10.2011 passed by the 2nd respondent.

Recording the submission of the learned counsel for the petitioner, this writ petition is dismissed as infructuous granting liberty to the petitioner to challenge the termination order dated 29.10.2011 in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stand dismissed.

____________________________ A.RAJASHEKER REDDY, J 27.12.2016 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.27124 OF 2010 Date: 27.12.2016 kvs