CHAND PASHA Vs. APSRTC

JUDGEMENT

(1.) THE unsuccessful petitioner in W.P.No.9662 of 2013 filed this writ appeal. The appellant is a Conductor in the Kalwakurthy Depot of A.P.S.R.T.C, 2nd respondent herein. Disciplinary proceedings were initiated against him, by issuing charge sheet, dated 20.11.2012 alleging that he remained unauthorized absent from duty from 10.11.2012 to 20.11.2012. The explanation submitted by the appellant was found to be not satisfactory and accordingly domestic enquiry was conducted. In the report, dated 26.01.2013, the enquiry officer held the charge as proved. Based upon that, the 2nd respondent issued a show cause notice, dated 28.01.2013 proposing to impose the punishment of removal. Thereafter, the order of removal was passed on 27.02.2013. The same was challenged in the writ petition.

(2.) THE contention of the appellant was that the only charge framed against him was in relation to unauthorized absence of 9 days and even the 2nd respondent was satisfied that the punishment cannot be imposed, on the basis of that charge, but the impugned order was passed by taking into account, the subsequent absence from 04.02.2013 to 26.02.2013. He pleaded that the period referred to in the show cause notice was not the subject matter of enquiry and thereby, the order of removal is vitiated.

(3.) LEARNED single judge dismissed the writ petition through order, dated 02.04.2013. Hence, this writ appeal.