Y. YADAIAH Vs. APSRTC

JUDGEMENT

(1.) Petitioner was regularly appointed as Conductor on 10.01.1990. While working as Conductor, disciplinary proceedings were initiated on the allegation of cash and ticket irregularities. The disciplinary proceedings initiated against him resulted in imposing the punishment of removal from service by order dated 30.12.1993. The reviewing authority considered the review petition sympathetically and in order to give him further opportunity, he ordered reappointment as a fresh Conductor duly dispensing with the earlier service vide order dated 16.08.1994 and accordingly the petitioner was reappointed and is continuing in service. This Writ Petition is filed challenging that portion of the order of the reviewing authority in appointing him as a fresh Conductor.

(2.) When the matter is taken up for consideration, learned Standing Counsel for the respondent - Corporation has raised preliminary objection on maintainability of the Writ Petition. According to him, the order of reviewing authority granting reappointment as a fresh candidate by order dated 16.08.1994 is assailed for the first time in this Writ Petition instituted after 20 years. Petitioner has enjoyed all benefits flowing there from all these years without a protest. He would contend that writ petition is liable to be dismissed on the ground of inordinate delay and latches in invoking the jurisdiction of this Court.