IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.9060 OF 2011 Date:18-04-2011 Between:- B.Guru Sekhar .. Petitioner And The Regional Manager, A.P.S.R.T.C., Kurnool Region, Kurnool District and another. .. Respondents ORDER:- This writ petition is filed to issue a writ of mandamus declaring the action of 2nd respondent in rejecting the petitioner’s request for allotting duties on par with similar contract drivers through Proc.No.P4/785(56)/2010-RM.A, dated 20.02.2011, stating that the petitioner’s name was deemed to be deleted from the selection list of recruitment panel as illegal and arbitrary and consequently, direct 2nd respondent to engage the petitioner as driver on contract basis and extend all the benefits on par with similar drivers. 2. The case of the petitioner is that he was appointed as a contract driver on 14.03.2006 by the duly constituted Selection Committee in Anantapur Region and posted to Kurnool-I Depot. He worked there for four months. Thereafter, as per the proceedings dated 30.07.2007, he was redirected to work in Anantapur Region, but thereafter, 2nd respondent did not take any steps to allot duties. Therefore, he filed W.P.No.27752 of 2010 and the same was disposed of with a direction to pass appropriate orders on the representation of the petitioner, dated 02.09.2010, within a period of four (4) weeks. Consequently, the present impugned order is passed. 3. Learned counsel for the petitioner contended that without giving an opportunity to the petitioner and without conducting any disciplinary enquiry, the period of absence was treated as deemed to have been deleted the name of the petitioner from the Selection List of Recruitment panel and therefore, as per the judgment of this Court and the rules governing service conditions of the petitioner, an enquiry requires to be conducted and hence, he prays to set aside the impugned order. 4. Learned Standing Counsel for the respondents stated that for three years 7 months, he has not reported for duty and therefore, the impugned order is passed. 5. The principle of audi alteram partem is basic concept of the principles of natural justice. While applying this rule, the authority must bear in mind the ultimate and overriding objective underlying the said rule viz., to ensure a fair hearing and to ensure that there is no failure of justice. 6. There cannot be any dispute that the service conditions of the employees of the Corporation are to be guided by the Rules and Regulations, and the circular instructions issued from time to time. It is not in dispute before this Court that as per circular order issued by the R.T.C., even the name of a contract employee cannot be deleted from the selection list of recruitment panel unless some enquiry is conducted. Admittedly, no such enquiry is conducted in this case. Therefore, the order suffers from the vice of principles of natural justice as no man shall be condemned unheard. Hence, the impugned order is set aside and the respondents are at liberty to conduct enquiry and take appropriate decision. 7. The writ petition is ordered accordingly. No costs. _​_____________________ JUSTICE K.C.BHANU 18th April, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.9060 OF 2011 Date:18-04-2011 AMD