G KRISHNAREDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is G. Krishna Reddy. The 1st respondent is the State of Andhra Pradesh represented by the Secretary, Home Department, Hyderabad. The second respondent is the Andhra Pradesh State Bond Transport Corporation (hereinafter referred to for the sake of convenience as A.P.S.R.T.C.), represented by its Chairman. The petitioner has filed this petition under Article 226 of the Constitution, praying "that this court may be pleased to call for the records relating to the discharge notice No. 02/3320/II, dated the 12/06/1957 issued by the General Manager, Andhra Pradesh Road Transport Department (Now Chairman, State Road Transport Corporation) by issue of a writ of certiorari or any other appropriate writ or order or direction and quash the same, and pass such other or further orders as this Honourable Court may deem fit."

(2.) The relevant facts which are necessary and sufficient for disposal of this writ petition in the view we take of the matter arise as follows :

(3.) The petitioner was working as a conductor in the Road Transport Department having been entertained in the said department in the year 1952 (on 14-11-1952). A report was made against him by one Radhakrishna, a travelling ticket Inspector on 5-3-1957 in connection with commission of certain irregularities relating to tickets and cash. The General Manager put the petitioner under suspension on 8-3-1957 and served a memo of charges on him. The General Manager finally passed orders on 12-6-1957 discharging the petitioner from service, that is, removing the petitioner from service. Thereupon, the petitioner filed an appeal to the Government on 8-8-1957 against the order. It is beyond dispute that what was called an order of discharge was in effect an order of removal from service. The Government did not dispose of his appeal themselves. They simply directed the petitioner to have correspondence in the matter with the State Road Transport Corporation which was newly formed on 11-1-1958.