R MOHAN Vs. REGIONAL MANAGER APS KHAMMAM REGION

JUDGEMENT

(1.) The petitioner is employed as a driver in A.P.S.R.T.C. He was issued a charge-sheet on 8-9-2004 alleging that he was absent on the previous day and was required to show-cause as to why suitable action shall not be taken. Departmental enquiry was initiated and on the basis of the enquiry report, dated 3-11-2004, the petitioner was removed from service through order dated 20-5-2005. The same is challenged in this writ petition.

(2.) Sri G. Ravi Mohan, learned Counsel for the petitioner, submits that the punishment imposed against the petitioner is disproportionate and cannot be sustained in law or on facts. He contends that absence for one day that too on account of ill-health of the daughter of the petitioner could not have been treated as a grave misconduct, so as to result any deprivation of the livelihood of the petitioner.

(3.) Learned Standing Counsel, who took notice and argued the matter at the admission stage, submits that the petitioner had an alternative remedy of preferring an appeal or of raising an industrial dispute. She contends that the past conduct of the petitioner has been very objectionable. It is urged that though the present cause for removal is the absence for one day, viewed in the context of the previous punishment imposed on the petitioner, it cannot be said to be disproportionate, illegal or untenable.