GANDI NARASAYAMMA Vs. APSRTC
LAWS(APH)-2019-10-6
HIGH COURT OF ANDHRA PRADESH
Decided on October 15,2019

Gandi Narasayamma Appellant
VERSUS
APSRTC Respondents


Referred Judgements :-

VISAKHA V. STATE OF RAJASTHAN [REFERRED TO]
V RAMANA VS. APSRTC [REFERRED TO]
STATE BANK OF BIKANER AND JAIPUR VS. NEMI CHAND NALWAYA [REFERRED TO]
UNION OF INDIA VS. P GUNASEKARAN [REFERRED TO]


JUDGEMENT

U. Durga Prasad Rao, J. - (1.)The petitioner seeks a writ of certiorari calling for the records relating to the impugned proceedings No.M1/1/(62)/13-GWK, dated 21.12.2013, and set aside the same as being illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently direct the respondents to reinstate the petitioner into service with all consequential benefits.
(2.)The petitioner's case in brief is thus:
(a) The petitioner was initially appointed as Conductor under direct recruitment in the year 1996 and was posted at Maddilapalem Depot, Visakhapatnam. While she was about to get promotion to the post of A.D.C./Controller, a strange allegation that she beat a boy of 25 years old working on contract basis was levelled against her, and she was suspended for a period of three months. Later, she was reinstated into service and posted to Narsipatnam depot, which is a far off place, vide proceedings dated 21.10.2010. Challenging her place of posting, she approached this Court by filing W.P No.21512 of 2011, which was partly allowed vide order dated 02.08.2011 with a direction to the respondent corporation to post her in any other depot in Visakhapatnam city and thereafter she was posted at Gajuwaka depot. While so, on 22.05.2013, which was a weekly off, she was suffering with severe back pain and so she went to APSRTC dispensary, Visakhapatnam and on reference by the duty doctors, she went to King George Hospital (KGH), Visakhapatnam, wherein she was advised rest for 12 days from 25.05.2013 to 05.06.2013 vide sick certificate dated 24.05.2013 and after obtaining fitness certificate dated 06.06.2013, she joined duty on 07.06.2013. The petitioner also submitted medical certificate dated 22.05.2013, sick certificate dated 24.05.2013 and fitness certificate dated 06.06.2013 to the concerned Depot Supervisor.

(b) Again on 28.06.2013 the petitioner suddenly fell sick and she was found fit for duty vide fitness certificate dated 14.11.2013, and she went to join duty on 15.11.2013. The Depot Manager refused to join her on the ground that enquiry was pending against her. In the meanwhile, a Charge Memo dated 03.06.2013, containing two charges was issued to her, which was received by her on 02.11.2013, and she submitted her explanation on 04.11.2013 narrating the above facts. But, without considering the same, third respondent appointed an Enquiry Officer (Superintendent) to conduct enquiry. Thereupon, the Enquiry Officer conducted an ostensible enquiry and submitted a report dated 23.11.2013 holding the charges proved without considering her explanation. Thereupon, she was issued with final show cause notice vide proceedings No.M1/1(62)/13-GWK, dated 29.11.2013, enclosing the enquiry report, which was received by her on 06.12.2013. The petitioner submitted a detailed explanation on 09.12.2013 to third respondent. Thereupon, the third respondent, without considering the explanation submitted by the petitioner, issued the impugned order dated 21.12.2013 imposing the punishment of removal from service against the petitioner. Therefore, the impugned proceedings are liable to be set aside.

Hence, the Writ Petition.

(3.)The respondents filed counter denying the material averments in the writ petition inter alia contending thus:
The petitioner was appointed as a casual conductor on 18.11.1996 and her services were decasualised from 01.01.1998. The petitioner is not sincere to her duties and she has several punishments to her credit for several misconducts. She has manhandled and abused one conductor viz., DSP Raju on 25.07.2010 and created nuisance in the traffic section. For which, she was suspended from service on 26.10.2010 and later reinstated into service by posting her to Narsipatnam Depot and subsequently transferred to Gajuwaka Depot. During the year 2012 she obtained leave of 30 days, reported sick for 32 days, and absented for 7 days without intimation. Thus she totally dislocated the work for a period of 69 days. During the year 2013 she sought leave for 1 day and reported sick for 30 days and absented herself from 28.06.2013 and continued herself till the agitation of Samykhya Andhra, totalling to 176 days. Further, the petitioner absented to duty on 25.05.2013 and absented for a period of 74 days on various spells from 17.06.2012 to 16.05.2013 causing inconvenience to the operation of buses and to the travelling passengers. Therefore, charge sheet was sent to her residential address and on receipt of her explanation, an Enquiry Officer was appointed and on regular enquiry, charges were held to be proved and being not satisfied with her explanation, the impugned order of removal from service was passed. The petitioner has invoked the jurisdiction of this Court without availing the alternative remedies under the Industrial Disputes Act and hence, the writ petition is devoid of merits and liable to be dismissed.

;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.