HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.10174 of 2010 Dated: 29-04-2010 Between: M. Mohan Krishna. … Petitioner And The Vice-Chairman and Managing Director, Andhra Pradesh State Road Transport Corporation, Hyderabad & another. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.10174 of 2010 ORDER: In this writ petition, the petitioner has questioned the show cause notice, dated 17th of April 2010, issued by the 2nd respondent-Depot Manager in Proceedings No.02/95(91)/2009-KDR, as illegal and arbitrary. The petitioner is working as a Conductor in the Andhra Pradesh State Road Transport Corporation, and is posted in Kadiri Depot of Anantapur District. On 12.12.2009, while he was performing duty on the route from Kadiri to Bangalore, in transit, there was inspection of the bus by the checking officials. On the ground that he has not cooperated with the checking officials on the objection that they were not wearing Uniform, disciplinary proceedings were initiated against him and a charge was framed against him to the following effect : “For having not co-operated with the checking officials to do their checking formality on the plea of TTIs have not weared uniform and also denigrated their position amidst the passengers in the bus while you were performing the duty with the vehicle AP-28-Z-4947 on the route Kadiri-Bangalore on 12.12.2009, which constitutes mis-conduct under Reg.28(xxi) of APSRTC Employees’ (Conduct) Regulations, 1963”. After completion of inquiry with regard to the said charge, and having provisionally come to the conclusion to impose the punishment of removal, the impugned show cause notice is issued. It is the case of the petitioner that the show cause notice is not in accordance with the findings recorded in the inquiry report. It is submitted that the proposed punishment of removal is not in consonance with the gravity of the charge levelled against the petitioner. The impugned show cause notice is issued after completion of inquiry. If the petitioner has not committed any irregularity, it is always open to him to bring it to the notice of respondents, by filing his explanation to the said show cause notice, but on the ground that the proposed punishment is disproportionate to the gravity of the charge, this writ petition cannot be entertained at this stage. For the aforesaid reasons, the writ petition is disposed of, leaving it open to the petitioner to file his explanation to the show cause notice, dated 17.04.2010, and on filing of such explanation, the respondents shall consider the same before passing appropriate final orders in the matter. As it is alleged by the petitioner that the proposed punishment is disproportionate to the gravity of the charge, I am sure, the respondents will keep in mind the gravity of the charge, while passing final orders. Subject to the above observations, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 29th April 2010 ajr