IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGTHDAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 10008 of 2009 Between: K.H.S. Raju S/o. Narasimhulu, Zaheerabad Depot, R/o. H.No. 3-1-7, Near Brahmin Street Medak Medak District. ..... PETITIONER AND The Depot Manager Zaheerabad Depot, APSRTC, Zaheerabad, Medak District. .....RESPONDENT 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 a writ order or direction more particularly one in the nature of writ of Mandamus declaring that the action of the respondent in issuing show cause notice No. 02/95(51)/2008-ZHB dt. 13-4- 2009 in the charge sheet bearing No. 02/95(50)/2008 -ZGB dt. 8-7-2008 is illegal, arbitrary unsustainable failure to exercise power discriminatory, violative of fundamental rights guaranteed under Articles of the Constitution of India and violative of principles of natural Justice and in consequence thereof to quash the show cause notice No. 02/95(51)/2008- ZHB dt. 13-4-2009 and charge sheet bearing No. 02/95(50)/2008-ZHB dt. 8-7--2008 and in consequence thereof to direct the respondent to reinstate the petitioner with all back wages attendant benefits continuity of service besides treating the period of suspension from 8-7-2008 to the date of reinstatement as on duty for all service purposes. Counsel for the Petitioner:MR.S.I.VARAHA GIRI Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No.10008 of 2009 ORDER: This writ petition has been instituted by a Conductor of the A.P.S.R.T.C., working at its Zaheerabad Depot, questioning the correctness and validity of the show cause notice issued by the Depot Manager on 13- 04-2009 as well as the charge sheet, dated 08-04-2008. The learned counsel for the petitioner has painstakingly pointed out the impropriety of the action of the Depot Manager in functioning as the Disciplinary Authority, as he has played a direct role in the incident concerning and relating to the irregularity alleged against the writ petitioner. The learned counsel for the petitioner submits that by the very participation of the Depot Manager in the incident, he is disentitled to participate any further in the disciplinary action initiated against the writ petitioner as he could not be expected to maintain an absolute sense of objectivity and fairness. However, by the time the writ petition came to be instituted in this Court on 11-05-2009, the disciplinary proceedings have already been culminated in an order being passed on 07- 05-2009 by the Depot Manager, imposing on the writ petitioner the punishment of removing from service for the proven incident of misconduct indulged in by him. Show cause notice, dated 13-04-2009 has, therefore, fructified itself into a final action in the form of the order passed on 07-05-2009 imposing the punishment of removal from service. When once a punishment of removal from service has been imposed already, it would be improper to examine the correctness or otherwise of the show cause notice, which has preceded it. Against the orders of removal from service imposed by way of punishment, under the A.P.S.R.T.C. Employees (Discipline, Control and Appeal) Rules, an Appeal is provided and the Appellate Authority is bound to examine all such contentions based on both question of fact and law and independently arrive at a conclusion of his / its own. It is, therefore, improper for this Court at this stage to examine as to whether the Depot Manager could have played the role of a Disciplinary Authority having participated in the alleged incident. Therefore, this issue is kept open and it is for the petitioner to agitate the same before the Appellate Authority or such other alternative efficacious Fora available to him for securing the necessary relief. The writ petition is, therefore, dismissed only on the ground that the show cause notice is no longer in existence having culminated in the order of punishment imposed on 07-05-2009, which is prior to the institution of the writ petition, though the said order is said to have been received by the petitioner after his instituting the writ petition. The observations made, if any, in this writ petition shall not be construed, either way, as a pronouncement of any opinion by this Court. No costs. -------------------------------- Nooty Ramamohana Rao, J mrk 8th June 2009 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{VSMI}