LAWS(APH)-2015-8-42

T. CHIRANJEEVI AND ORS. Vs. TSRTC AND ORS.

Decided On August 07, 2015
T. Chiranjeevi And Ors. Appellant
V/S
Tsrtc And Ors. Respondents

JUDGEMENT

(1.) HEARD Sri V. Narasimha Goud, learned counsel appearing for the petitioners and Sri B. Mayur Reddy, learned Standing Counsel for the respondents -Corporation.

(2.) IN these two writ petitions, the contention of the petitioners is that a shockingly disproportionate punishment was imposed by the Disciplinary Authority in relation to a trivial misconduct alleged. The petitioners submit that they do not want to go into the controversial and disputed facts and ask this Court to dispose of the writ petitions considering the sole issue of proportionality of the punishment. Therefore, the question arises for determination is whether this Court can entertain the writ petitions under Article 226 of the Constitution of India and pass appropriate orders notwithstanding the exhaustion of alternative remedies available to the petitioners. The learned Standing Counsel for the respondents -Corporation did not file any counters in these writ petitions in view of the submission made by the learned counsel appearing for the petitioner that the petitioners do not insist upon examining the disputed questions of fact. Therefore, these two writ petitions are disposed of by a common order. Briefly stated, the following are the averments in the two writ petitions:

(3.) THE learned counsel appearing for the petitioners submits that even though the petitioners have a good case of success even on merits, he would confine his arguments only to the proportionality of the punishment so as to enable them to obtain quick justice as they are deprived of their livelihood on a trivial charge of misconduct. Therefore, the learned counsel without stressing upon the point as to whether there was any justifiable reason for the absence of the petitioners in the two cases, urges this Court to dispose of the writ petitions only on the question of proportionality of punishment in the light of the established principles of law.