LAWS(APH)-2012-9-109

GULAM MOHAMMED Vs. REGIONAL MANAGER, APSRTC, HYDERABAD REGION

Decided On September 14, 2012
GULAM MOHAMMED Appellant
V/S
Regional Manager, Apsrtc, Hyderabad Region Respondents

JUDGEMENT

(1.) The petitioner, a conductor with the Andhra Pradesh State Road Transport Corporation (APSRTC), seeks a writ of mandamus for declaring the action of the 1st respondent, the Regional Manager, APSRTC in not ordering reengagement with continuity of service benefit, as bad in law.

(2.) The case of the petitioner is that after going through the process of selection necessary for making regular recruitment, he came to be appointed as a contract conductor on 22.12.2006 and was attached to Hyderabad Central University (HCU) Bus Depot. However, when the petitioner remained unauthorizedly absent from duty from 07.05.2007 up to 30.06.2007, the Depot Manager, HCU Bus Depot terminated his service, through his proceedings, dated 30.06.2007, without conducting any enquiry whatsoever and without providing any opportunity to him. It appears, the petitioner has preferred an appeal against the said order only on 05.12.2011 to the Divisional Manager, Charminar Depot, nearly after 4 1/2 years time has lapsed. The Divisional Manager rejected the said appeal through his proceedings, dated 10.01.2012. Unfortunately, copy of the said order dated 10.01.2012 of the Divisional Manager has not been exhibited in the paper book.

(3.) It is therefore, assumed that the Divisional Manager has rejected the appeal as it was preferred very belatedly. The writ petitioner thereafter, has preferred a review petition on 27.01.2012 to the Regional Manager, Hyderabad Region. The Regional Manager considered his review petition and also examined the record.