Y.VENKATESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The writ petition is filed under Article 226 of the Constitution of India for the following relief:

(2.) The facts of the case are that the petitioner was appointed as Contract Driver in service of the 2nd respondent Corporation on 8/10/2010 and posted at the 6th respondent depot. The petitioner has put up 5 years of service. From the date of joining, the petitioner had attended to his duties and performed to the best of his abilities without any adverse remarks in his service. The 1st respondent organization is governed by Andhra Pradesh State Road Transport Corporation Employees (Conduct) Regulations, 1963. The petitioner was assigned with Employee Code No: E.729194 by the 2nd respondent. The petitioner was governed under the said regulations. On 17/10/2014 after discharge of duties as driver, the petitioner was informed that his father by name Sambaiah was hospitalized due to severe illness on 17/10/2014. Since there were no elders at his home, the petitioner rushed to his village to take care of his father. The treatment of his father took long time but unfortunately, the petitioner's father died on 29/7/2016. Being an elder son, the petitioner had to perform funeral and other traditional customs of his deceased father. In such dire circumstances, the petitioner could not attend to duties from 17/10/2014 for period. It is further stated that the petitioner absent to his duties was not intentional but it was beyond his control on account of hospitalization and thereafter demise of his father. The then 6th respondent unilaterally terminated the petitioner from services vide Proceedings Lr.No.E1/1(19)/2014-RPL, dtd. 10/3/2015 without issuing any prior show cause notice, without calling for his explanation and without giving any opportunity of hearing to the petitioner, is in violation of principles of natural justice. Hence, the present writ petition.

(3.) The counter affidavit has been filed by respondents No.2 to 6. While denying the allegations made in the petition, inter alia, contended that, the petitioner was terminated from the service in un-authorized absenteeism for 3 times. It is stated that first time he was terminated on 13/12/2012 and later he was re-instated into service as a fresh contract driver on appeal considered by the Deputy Chief Traffic Manager, Guntur and posted to Mangalagiri Depot. It is further stated that, again the petitioner was absented to his duties and was terminated from service on 23/10/2013 and later was re-instated into service on appeal considered by the Regional Manager, Guntur and posted to Guntur1 Depot. It is stated that the petitioner absented to his duties at Repalle Depot and was terminated from service on 10/3/2015. It is stated that the petitioner was given so many opportunities to improve his working habits and attend his duties without absenteeism. It is stated that in spite of many opportunities the petitioner failed in attending his duties with utmost care and respect. It is stated that the petitioner absented to his duties from 17/10/2014 to till date without any intimation or prior sanction of leave from the competent authority. It is stated that due to the Driver's absenteeism difficulty was caused in operating the schedule services punctually. Therefore, a charge sheet was issued on 30/10/2014 and consequently Show Cause Notice of removal was issued on 21/2/2015 and removal proceedings were issued on 10/3/2015. It is stated that the said proceedings were sent though RPAD to the petitioner's house address, but the petitioner rejected the same. In view of absenteeism of the petitioner and the petitioner evaded to take notice, the authorities conducted ex-party enquiry and removed the petitioner from service. It is stated that the Corporation have called objections/comments on enquiry report and followed the disciplinary procedure. Further, the respondent Corporation had given so many opportunities to the petitioner. hence prayed to dismiss the writ petition as there are no grounds.