IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.26720 of 2006 Between: M. Osman Ali, E-97689, S/o. M. Nadimulla, H.No. 22-87, Kottapeta, Atmakur (P&M), Kurnool District. ..... PETITIONER AND 1 The APSRTC, rep. by its Vice Chairman & Managing Director, Musheerabad, Hyderabad. 2 The Regional Manager, APSRTC, Kurnool Region, Kurnool. 3 The Divisional Manager, APSRTC, Nandyal, Kurnool District. 4 The Depot Manager, APSRTC, Atmakur, Kurnool District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in removing the petitioner from service on the allegation of having two wives living holding that it is a bigamous marriage and the same is misconduct under the Reg. 25 Clause-I of APSRTC Employees (Conduct) Regulations, 1963 vide Proc. No.01/83(4)/04-ATK, dt. 5.10.2005, which was confirmed by the Appellate and Review authorities vide Proc. No.ST/19(144)/05-DVM-NdL, dt. 18.11.2005 and the Proc. No.PA/19(21)/06-RMQ, dt. 20.3.2006 respectively as illegal, arbitrary, without jurisdiction, contrary to Mohammadan Law and as such liable to beset aside in the interest of justice. Counsel for the Petitioner: MR.S.M.SUBHAN Counsel for the Respondents: MR.P.VINAYAKA SWAMY The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.26720 OF 2006 ORDER: The issue that arises for consideration in this writ petition is squarely covered by a Judgment of this Court in V.V. Guraviah vs. The Asst.Works Manager, A.P.S.R.T.C. Tirupathi and others[1]. Therefore, this writ petition is also liable to be allowed in terms of the said Judgment. Accordingly, the impugned proceedings, dated 05.10.2005, issued by the 4th respondent – Depot Manager, A.P.S.R.T.C., Atmakur Bus Depot, as confirmed by both the appellate and review authorities, vide orders dated 18.11.2005 and 20.03.2006 respectively, are set aside and the petitioner shall be reinstated into service without any backwages or attendant benefits. The writ petition is allowed to the extent indicated above. No order as to costs. _________________ JUSTICE C.V. RAMULU 28th February, 2008. IBL To 1. Two CCs to 2. Two CD Copies [1] 1989 (2) ALT 189