A MOHAN REDDY Vs. APSRTC BUS DEPOT

JUDGEMENT

(1.) This Writ Petition is filed for a Certiorari to quash award, dated 03-02-2001, in I.D. No. 54 of 1998, on the file of the Labour Court- II, Hyderabad. The petitioner is a driver of the respondent- Andhra Pradesh State Road Transport Corporation (for short 'the Corporation') and was working at Nizamabad Depot at the relevant point of time. He stopped attending to duty from 09-11-1995. By Office Order, dated 07-11-1995, the petitioner was transferred from Nizamabad Depot to Bheemgal Depot. The Depot Manager of Nizamabad Depot addressed letter, dated 09-11-1995, to the Depot Manager, Bheemgal Depot, informing that the petitioner was relieved on the afternoon of 09-11-1995 and that his muster was marked up to 07-11-1995. The petitioner's personal records were also sent to the Bheemgal Depot.

(2.) A charge-sheet was issued against the petitioner on 07-03-1996 with the following charges:

(3.) It is not in dispute that the charge-sheet and the other correspondence were sent to the residential address of the petitioner but they were returned undelivered by the postal authorities with the endorsement "addressee absent for 7 days". It is the stand of the Corporation that the charge-sheet was displayed in the notice board of Bheemgal Depot for 7 days; that the petitioner did not submit any explanation and that he failed to participate in the enquiry also, despite notice, dated 14-04-1996, issued by the enquiry officer, sent to his residential address which was also returned with the same endorsement as noted above. Therefore, having been left with no option, the enquiry officer had conducted an ex parte enquiry. Thereafter, the respondent issued to the petitioner show cause notice, dated 28-05-1996, proposing the punishment of removal from service. Even this notice was returned undelivered by the postal authorities with the endorsement that the addressee was not available in the village. A copy of the said notice was displayed in the notice board. The petitioner failed to submit his explanation to the said show cause notice.