IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10438 of 2008 Between: P.Narayana, e.101038, S/o. Venkaiah, aged 52 years, R/o. Medak, Medak District. ..... PETITIONER AND 1 The APSRTC Rep by its Managing Director, Musheerabad, Hyderabad. 2 The Regional Manager, APSRTC, Medak Region at Sangareddy, Medak District. 3 The Dy.Chief Traffic Manager-MR,O/oRegional Manager, APSRTC,Medak Region at Sangareddy, Medak District. 4 The Depot Manager, APSRTC, Medak ,Medak District. .....RESPONDENT(S) 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 No.3 in removing the petitioner from service on the allegation of contesting as surpanch without tendering resignation during the month of July/August 2006 after continuing for period of 14 months, vide Proc No.P1/248(1)/06-Medak Depot, dated 28.04.2008 as illegal, arbitrary action, without jurisdiction , contrary to APSRTC Regulations and as such liable to be set aside in the interest of justice, and pass Counsel for the Petitioner:MR.S.M.SUBHAN Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.10438 of 2008 ORDER: The petitioner was employed as Driver in the Medak Depot of A.P.S.R.T.C. He was issued a charge-sheet dated 28-04-2008, directing him to explain as to why disciplinary action be not taken against him for contesting in the elections, as Surpanch, in the year 2006 for Pothamshettipally Gram Panchayat. The petitioner submitted his explanation on 09-09-2006. Departmental inquiry was conducted, and in a report dated 05-10-2006, it was held that the charge framed against the petitioner is proved. Thereafter, the petitioner was issued a show cause notice dated 09-11-2006, proposing to inflict the punishment of removal from service. The petitioner submitted his explanation on 19-11-2006. The 3rd respondent passed an order dated 28-04-2008, directing removal of the petitioner from service. The same is challenged in this writ petition. Sri S.M. Subhan, learned counsel for the petitioner, submits that though the petitioner has contested in the elections, he was defeated, and he was of the view that the necessity to submit resignation to the post would arise, if he was elected. He contends that the Corporation cannot be said to have sustained any loss, or prejudice, and that the impugned order is unwarranted. Smt. B.G. Uma Devi, learned Standing Counsel for the respondents, on the other hand, submits that on his own showing the petitioner violated the Service Regulations by contesting in the election, without obtaining prior permission, or submitting resignation, and at any rate, the writ petition is not maintainable, inasmuch as the petitioner has not only alternative remedies, but also the right to approach the Labour Court, under Section 2-A (2) of the Industrial Disputes Act, 1947 (for short ‘the Act’). Though an attempt is made by the petitioner, to convince the Court to entertain the writ petition, by urging that no appreciation of evidence is needed, and that it can be disposed of by placing interpretation of the relevant provisions, this Court is not inclined to accede to his request. The order of removal was passed after conducting domestic inquiry. The Service Regulations provided for the remedy of appeal and review. Apart from that, the petitioner can approach the Labour Court under Section 2-A (2) of the Act. Under these circumstances, the writ petition is dismissed, leaving it open to the petitioner to pursue his remedies, in accordance with law. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt. 02-05-2008. KO To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}