THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.22545 of 2011 ORDER: The petitioner was appointed as Driver, on contract basis, on 01.07.2006. Alleging that he remained absent to duties from 26.10.2006 till 08.12.2006, the Depot Manager, Puttur, the 3rd respondent, passed orders, dated 08.12.2006, terminating the services of the petitioner. Appeal preferred to the Deputy Chief Traffic Manager, the 2nd respondent, and review preferred to the Regional Manager, the 1st respondent, were rejected. Hence, this writ petition. Heard the learned counsel for the petitioner and the learned Standing counsel for the respondent-Corporation. Though the petitioner was appointed on contractual basis, the respondents were under obligation to conduct enquiry before passing an order of removal or termination. This court has taken the view that an order of termination of a contractual employee also without conducting enquiry cannot be sustained in law. On this ground alone, the order of termination deserves to be set aside. The petitioner did not avail the remedy of appeal till the year 2010. Though he can be reinstated into service as Driver on contract basis, he shall not be entitled either for monetary benefits or to count the service between the date of removal till the date of presentation of the appeal. Hence, the writ petition is partly allowed, setting aside the order of termination, dated 08.12.2006, and directing that the petitioner shall not be entitled to count the service between the date of termination till the date of presentation of the appeal before the 2nd respondent. He shall also be not entitled for any backwages or emoluments on account of reinstatement. __________________________ JUSTICE L.NARASIMHA REDDY 12.08.2011 v v