M. Yadagiri v. The Telangana State Road Transport Corporation,

HON'BLE SRI JUSTI CE M.S. RAMACHANDRA RAO WRI T PETI TI ON No. 36271 of 2016 ORDER:

Heard learned counsel for the petitioner and Sri N. Vasudeva Reddy, learned Standing Counsel for T.S.R.T.C for the respondents. The petitioner has questioned the order dated 29.09.2016 passed by the fourth respondent changing his date of regularization from 01.01.2010 to 01.01.2011 and directing recovery of a sum of Rs.31,871/- from his salary.

Learned counsel for the petitioner contends that the impugned order is without any reasons and since giving reasons is a basic principle of natural justice too, he prays that the impugned order be set aside. Sri N. Vasudeva Reddy, learned Standing Counsel for the respondents, also does not dispute the fact that the impugned order does not disclose any reasons.

Since giving of reasons is a basic principle of natural justice as held by the Supreme Court in S.N. Mukherjee v. Union of I ndia1, the impugned order is set aside. The matter is remitted back to the fourth respondent and the fourth respondent is directed to pass a reasoned order, after considering the explanation dated 21.0.2016 submitted by the petitioner to the show cause notice dated 10.09.2016, and communicate the same to the petitioner.

The writ petition is accordingly allowed. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________________ M.S.RAMACHANDRA RAO, J Date: 26.10.2016 va 1 AIR 1990 SC 1984