(1.) This writ petition is filed by the petitioner, who is a conductor in the respondents -Telangana State Road Transport Corporation (the Corporation, for short), for a Writ of mandamus declaring the show cause notice of termination from service issued by the 3rd respondent in proceedings dated 01 -7 -2015 received by the petitioner on 07 -7 -2015 as illegal, unjust, contrary to law, arbitrary and in violation of principles of natural justice which also amounts to unfair labour practice and to set aside the same.
(2.) The petitioner was selected for the post of conductor in the respondents -Corporation and joined the service on 13 -4 -2009. His services were regularised by proceedings dated 10 -02 -2011 with effect from 01 -01 -2011 and his name is found at serial No. 33. While so, the 3rd respondent issued charge -sheet dated 11 -02 -2015 alleging that the petitioner produced fake Secondary School Certificate (SSC Certificate) bearing roll No. 577445 with grand total marks 441 (405+36) and secured the job of conductor on the basis of the said marks in Warangal Region during the selections by cheating the authorities, which constitutes misconduct in terms of Regulation 28 of the APSRTC Employees (Conduct) Regulations, 1963 (the 1963 Regulations, for short). The respondents -Corporation called upon the petitioner to submit his explanation. The petitioner submitted an explanation dated 07 -3 -2015 requesting the 3rd respondent to furnish the copies of certain documents mentioned therein but the 3rd respondent failed to furnish the copies of documents. The version of the petitioner is that it was not possible for him to submit any effective explanation without the said documents and non -furnishing of the said documents caused prejudice to him for submitting a detailed explanation. Thereafter, the 3rd respondent appointed an Enquiry Officer and the petitioner was issued with enquiry notice dated 04 -3 -2015 directing him to appear on 13 -3 -2015 and accordingly he appeared before the Enquiry Officer. Again on 16 -3 -2015, he submitted a representation to the 2nd respondent bringing it to his notice that inspite of his request, the 3rd respondent failed to furnish copies of documents required by him. It is further stated by him that the 3rd respondent did not pass any orders keeping him under suspension but without any authority of law preventing him from discharging his duties with effect from 11 -02 -2015 and requested the 2nd respondent to direct the 3rd respondent to allow him to discharge his duties and arrange for payment of salary forthwith. As his request was not considered, he filed W.P. No. 10380 of 2015 seeking a direction to the respondents -Corporation to pay him salary from 11 -02 -2015 and permit him to discharge his duties as conductor. The learned single Judge disposed of the writ petition by order dated 20 -4 -2015 directing the 2nd respondent to pass orders on the representation submitted by the petitioner within a period of 10 days but no orders have been passed inspite of the directions issued in the said writ petition. The petitioner, however, submitted his explanation to the charge -sheet on 24 -4 -2015 specifically stating therein that inspite of the direction issued by the High Court, the 2nd respondent did not pass any orders.
(3.) It is further stated by the petitioner that he did not receive any notice of enquiry and the Enquiry Officer conducted an ex parte enquiry without giving any reasonable opportunity to him to participate in the enquiry and submit his version. Ultimately, the 3rd respondent issued a notice dated 15 -5 -2015 duly enclosing the findings of the Enquiry Officer calling upon his objections to the enquiry report. Accordingly, the petitioner submitted his objections on 22 -5 -2015 but the 3rd respondent failed to take into consideration his explanation and without there being any suspension order, did not allow the petitioner to perform his duties. It is submitted by the petitioner that the findings recorded by the Enquiry Officer in an ex parte enquiry are not tenable in law and that the show cause notice of termination only is an empty formality. It is, under these circumstances, he filed the present writ petition to set aside the show cause notice of termination dated 01 -7 -2015 issued to the petitioner on the ground that it is arbitrary, illegal, in violation of principles of natural justice and also violative of Articles 14, 16 and 21 of the Constitution of India.