B.Srinivas, v. The Telangana State Road Transport Corporation

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.3719 OF 2017 Dated:06.02.2017 Between:

B. Srinivas, S/o. B. Kishan, Aged 40 years, Occ: Ex-Conductor, TSRTC, Kachiguda Depot, R/o.H.No.1-6-13/2/E, Deepthi Vihar Apartments, Phanigiri Colony, Chaitanyapuri, Hyderabad .. Petitioner And The Telangana State Road Transport Corporation, rep., by its Managing Director, Bus Bhavan, RTC X Road, Hyderabad And others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.3719 OF 2017 ORDER:

Heard. With the consent of learned counsel for the parties, this Writ Petition is being disposed of at the stage of admission. 2.

The petitioner is aggrieved by the order of removal from service, dated 28.11.2016, on the ground of cash and ticket irregularities.

3.

Admittedly, against the said order, an appeal shall lie to the Divisional Manager of the respondent - Corporation. Without exhausting the said remedy, the petitioner filed this Writ Petition alleging that it may take quite a long time for disposal of the appeal and therefore it is not an appropriate remedy. 4.

It is not the case of the petitioner that the impugned order is not passed by the competent authority and that there is no compliance with the procedural formalities before passing the orders. In the Writ Petition, the petitioner raised contentions on various aspects concerning the enquiry. However, since the petitioner has a remedy of appeal against the impugned order, this Court is not inclined to entertain the Writ Petition. Merely because it is likely to take long time for disposal of appeal cannot be a ground to invoke the jurisdiction of this Court without exhausting the remedy of appeal. This Court cannot assume that the competent authority would not dispose of the appeal within a reasonable time.

5.

Hence, the Writ Petition is dismissed leaving it open to the petitioner to avail the remedy of appeal as provided by the Service Regulations governing the services of the petitioner. It is needless to mention that as and when such appeal is filed by the petitioner, the same shall be acted upon, though there is delay in filing the same. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:06.02.2017 KH