IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO: 859 of 2005 Between: G. Dhana Raju S/o Tata Rao R/o 557MIG-1, Pothana Malaipalem, Visakhapatnam, Visakhapatnam District ... PETITIONER AND 1. The A.P. State Road Transport Corportion, rep by Managing Director, Musheerabad, Hyderabad 2 The Regional Manager, APSRTC, Visakhapatnam Region, Visakhapatnam 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 may be pleased to issue Writ order or direction or Writ more particular one in the nature of Writ of Mandamus declaring the order passed by the 2nd Respondent in Proceedings No. P3/684(2)/2002-RM/VSP dt 19-04-2003 deleting the petitioner’s name from the select list as illegal, unjust, amounts to an act of victimization and unfair labour practice and also violative of Article 14,16 and 21 of constitution of India. Counsel for the Petitioner: MR.G.RAVI MOHAN Counsel for the Respondents: KUM.B.G.UMA DEVI The Court, at the admission stage, made the following: ORDER: The petitioner worked as a Driver in the respondent- Corporation. He was selected and appointed as a Driver in the year 1998 through the selection committee. 2. Petitioner contends that on 14-10-2001 he fell sick and the same was informed to the Depot authorities. He underwent treatment and was advised to take bed rest, due to which he could not attend duty during the strike period. Subsequently, the second respondent issued proceedings dated 19-04-2003 against the petitioner, alleging that the petitioner has not reported for duty during the strike period and deleted the name of the petitioner from the selected list. Therefore, his name was deleted from the approved panel of selected candidates without giving any prior notice or conducting any enquiry and without giving him any opportunity. The petitioner preferred an appeal to the appellate authority but the respondents refused to receive the said appeal stating that there is no appeal against deleting the name from the list of selected candidates. He further contends that this Court allowed Writ Petition No.4837 of 2003 in the matter of deleting the names of employees from the list of selected candidates without conducting any enquiry and the same was confirmed by the Division Bench of this Court in W.A.No.1259 of 2003 dated 29-08-2003. Hence, he approached this Court through this writ petition seeking a writ of mandamus declaring that the action of the second respondent through proceedings dated 19-04-2003 deleting his name from the list of candidates as illegal, unjust, amounts to an act of victimization and also in violation of Articles 14, 16 and 21 of the Constitution of India and to direct the second respondent to reinstate him into service. 3. The respondents could not place any material to show whether any prior notice was issued or any enquiry was conducted against the petitioner for his unauthorized absence. In the absence of issuing prior notice or conducting any enquiry, the deletion of the name of the petitioner from the list of selected candidates cannot be sustained. 4. In the light of the circumstances, the order of the second respondent dated 19-04- 2003 is set aside. The second respondent is directed to restore the name of the petitioner into the list of selected candidates and allow him to discharge his duties according to rules. The writ petition is accordingly allowed. No order as to costs. However, this order does not preclude the respondents in taking appropriate action in accordance with the regulations of the Corporation. _______________ K.C. BHANU, J February 3, 2005 MRR Copy to: 1. The Managing Director, A.P. State Road Transport Corporation, Musheerabad, Hyderabad 2. The Regional Manager, APSRTC, Visakhapatnam Region, Visakhapatnam District. 3. Two C.D. Copies.