S.Kaja Hussain, v. The Apsrtc, Rep By Its Regional Manager,

THE HON'BLE SRI JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT APPEAL No.13 of 2007 JUDGMENT: (Per Hon'ble Sri Justice Dilip B. Bhosale) This Writ Appeal is against the order dated 26.12.2005, whereby W.P.No.27415 of 2005 filed the appellant had been dismissed. In the Writ Petition, the appellant had questioned the action of the respondent - Corporation, deleting his name from the selection list on the ground that he did not report to duty. The appellant was appointed as a casual Driver in 2000. He worked as a driver for a short period and in response to the call for strike, he stopped reporting to duty. The Corporation thereafter issued two notifications, dated 12.10.2001 and 19.10.2001, inviting all casual drivers, such as the appellant, to report to duties.

The notifications were published in newspapers. But, there was no response from the appellant. Regional Manager, Kurnool, therefore, issued a final notice dated 30.10.2001 asking the appellant to report to duty and if he fails to do so, it would be deemed that he was not interested in being engaged as driver and that his name would be deleted from the list of selected candidates without further notice. This action/notice dated 30.10.2001 of the respondent - Corporation, was impugned in the Writ Petition filed in 2005.

In this backdrop, the learned single Judge dismissed the Writ Petition with the following observations: "A perusal of the final notice, dated 30-10-2001, discloses that the first respondent has put the petitioner on notice and informed that in case, he does not report to duty, it will be deemed that he has no interest in being continued in the list of selected drivers. It was also informed that no further notice would be issued in the matter of deletion of the names from the list. Reference was also made to two notices published in the press.

The petitioner has not submitted any explanation to the final notice nor did he report to duty. The necessity of conducting a regular departmental enquiry did not arise, on account of the fact that the petitioner was not yet appointed as a full member of service. The

respondents have given ample opportunity to the petitioner and complied with the principles of natural justice. No exception can be taken for their action in deleting the name of the petitioner from the list of approved drivers."

We do not find any reason to interfere with the order impugned in the appeal.

Hence, the Writ Appeal is dismissed. The miscellaneous petitions, if any, stand disposed of. There shall be no order as to costs. ______________________ (DILIP B. BHOSALE, J) ________________________________ (A.RAMALINGESWARA RAO, J) 05.02.2015 vs