THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.32830 OF 2010 ORDER: This Writ Petition is filed to issue a writ of Certiorari to quash the order of termination of service issued vide Proceedings No.P2/1(19)/09- IBPM, dated 18.11.2009, by respondent No.3 and also the proceedings No.ST/19(171)/2009-DVM (HD), dated 21.12.2009, issued by respondent No.2, insofar as denying the continuity of service, attendant benefits and back wages to the petitioner as arbitrary and illegal, and consequently, direct the respondents to treat him as fresh contract Conductor with continuity of service, attendant benefits and back wages including for the purpose of regularization of service. 2. The case of the petitioner is that he joined as Conductor in respondent Corporation on 17.10.2008 on contract basis and was placed under the control of respondent No.3. Later, he was terminated from service on the ground of unauthorized absence to duty from 17.05.2009 to 20.07.2009. A charge sheet was issued alleging the charge as under: “For having remained un-authorisedly absent to duties from 17.05.09 to 20.07.09 without prior intimation or sanction of leave, which resulted in cancellation of schedule services, caused much inconvenience to the public besides loss of revenue to the Corporation which constitutes mis-conduct under Reg. 28 (xxvii) of APSRTC Employees (Conduct) Reg.1963.” Though he submitted his explanation, an enquiry was conducted. Not satisfied with the explanation, respondent No.3 passed the final order, dated 18.11.2009, imposing the punishment of removal from service. He preferred an appeal before respondent No.2, who in turn, re- engaged him as fresh Conductor on contract basis. But, he was denied the benefits of past service from 17.10.2008 to 18.11.2009. He requested respondent No.3 for regularization of his services but in vain. 3. Heard both sides. 4. It is the disciplinary authority and on appeal, the appellate authority, being fact finding authorities, have exclusive power to consider the evidence to maintain discipline. They are invested with the discretion to impose appropriate punishment. The punishment to be imposed must be commensurate with the gravity of misconduct. In other words, the punishment is totally disproportionate to the proved misconduct of an employee. The plea of the petitioner is that as he met with an accident and fell sick, he could not attend to duty from 17.05.2009 to 20.07.2009. The explanation given by the petitioner is found to be acceptable to the appellate authority. So, the appellate authority ought to have ordered for continuity of service. Denying the continuity of service to the petitioner is unduly harsh in the facts and circumstances of the case. 5. Hence, the impugned proceedings No.ST/19(171)/2009-DVM (HD), dated 21.12.2009, issued by respondent No.2, in ordering fresh appointment to petitioner is modified giving the benefit of continuity of service from the date of termination till the date of re-engagement, only for the purpose of regularization in existing or future vacancies to the petitioner. It is needless to observe that the petitioner is not entitled to any monetary or other benefits in pursuance of this order. 6. With the above modification, the Writ Petition is disposed of. There shall be no order as to costs. _______________ K.C. BHANU, J June 23, 2011 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.32830 OF 2010 Between: N. Balraj .....PETITIONER AND APSRTC and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.32830 OF 2010 June 23, 2011