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High Court for State of TelanganaWP/15725/2003dismissed

M.V. Rao v. The Apsrtc, Rep.By Its Regional Manager, Vijayawada.

2018-11-01Abhinand Kumar Shavili3 pages

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 15725 of 2003 ORDER:

This writ petition is filed seeking a writ of mandamus declaring the action of the 1st respondent in not considering the review petition dated 25.06.1997 filed by the petitioner against the punishment order dated 11.10.1996, as illegal and arbitrary.

Heard Sri V. Surya Kiran Kumar, learned counsel for the petitioner, and Sri P. Durga Prasad, learned standing counsel for APSRTC appearing on behalf of the respondents. It has been contended by the petitioner that he was appointed as Conductor in the respondent corporation and while he was working as such, it is alleged that he detained a bus due to mechanical defect and the said conduct was construed as misconduct by the respondents and after initiating disciplinary proceedings and after conducting a regular enquiry, the disciplinary authority had imposed on him punishment of reduction of his pay by one incremental stage with cumulative effect for a period of two years besides treating his suspension period as not on duty., vide orders dated 11.10.1996. Questioning the same, he preferred an appeal and the appellate authority rejected the appeal vide orders dated 29.04.1997 and, thereafter, filed a review before the 1st respondent on 25.06.1997, but the reviewing authority has not passed any orders on the review. In those set of circumstances, he filed the present writ petition.

Learned standing counsel for the respondents has contended that appropriate orders would be passed on the review petition filed by the petitioner.

This Court having considered the submissions made by the learned counsel on either side is of the considered view that the writ petition can be dispose of with a direction to the 1st respondent to consider the review petition and pass orders. Accordingly, the writ petition is disposed of with a direction to the 1st respondent to consider the review petition filed by the petitioner on 25.06.1997 and pass appropriate orders thereon in four weeks from the date of receipt of a copy of this order. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. No order as to costs. ______________________________ ABHINAND KUMAR SHAVILI, J 1st November, 2018 cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No. 15725 of 2003 (disposed of) 1st November, 2018 cbs