THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.26189 OF 2010 O R D E R Heard both the counsel. 2. The petitioner was appointed as Contract Driver on 29.6.2007 in the respondent – Corporation. On the ground of unauthorized absence for the period from 20.09.2009 to 30.09.2009, the petitioner was terminated from service by proceedings No.P2/1(115)/09-MDCL, dated 17.10.2009 issued by the 3rd respondent – Depot Manager, Medchal Depot. Aggrieved by the same, the petitioner preferred appeal and the 1st respondent – the Divisional Manager, APSRTC, Sanathngar Division, Kukatpally, Hyderabad by proceedings No.PA/19(168)/2009-SNG dated 21.01.2010 ordered reengagement into service as a contract driver afresh. Aggrieved by the denial of service, the present writ petition is filed. 3. No counter affidavit is filed. 4. From the material available on record, it could be seen that report for unauthorized absence was given on 30.09.2009 and on the same day, charge sheet was issued and on 15.10.2009 the enquiry officer submitted his report and on 17.10.2009 termination order was passed. All the proceedings are issued in a hasty manner and there was no much time given to the petitioner to explain his case. The Corporation has issued Circular No.PD- 05/2009 dated 23.2.2009 where under instructions for conducting enquiry in respect of employees engaged on contract basis have been issued. The said guidelines are extracted as under for better appreciation: 1. When an allegation of serious misconduct is made against a contract employee, the disciplinary authority shall frame a charge sheet by quoting this Circular (Since CC &A Regulations are not applicable to them) duly keeping him/her under “put off duty”. 2. On receipt of the explanation to the charge sheet or after giving reasonable time to submit the explanation i.e., one week, a detailed enquiry shall be conducted as early as possible within three months duly following the principles of natural justice as in the case of regular employee. 3. The delinquent is entitled to 15 days wages for every month under put off duty, duly effecting statutory recoveries. 4. The disciplinary authority on receipt of Enquiry Report shall issue a show cause notice depending upon the merits of the case duly giving reasonable time ie., one week to enable the delinquent to submit explanation. 5. On perusing the explanation to show cause notice, final orders shall be passed for termination of contract. 6. If the lapse on the part of contract employee does not warrant termination of contract, such lapses have to be treated as unsatisfactory work and the contract employee shall be counseled for such deficiency with an advice not to repeat such lapses in future duly recording such lapses in the Counseling Register which shall be specifically maintained for this purpose. 7. If such lapses are committed more than thrice, the contract shall be terminated by following prescribed procedure. 8. The contract employee may submit his appeal against the order of termination of contract to the authority next above that which passed the original order. 5. A reading of the above provisions, particularly under guideline no.4, the disciplinary authority on receipt of the enquiry report shall given the delinquent one week time to enable him to submit the explanation. In the present case, the enquiry report was given on 15.10.2009 and the termination order was passed on 17.10.2009 i.e., within a period of two days. This shows that the Corporation while passing the termination orders, acted in haste and in violation of the principles of natural justice. 6. In similar circumstances, where a contract driver was termination in violation of the principles of natural justice, this court in W.P.No.5365 of 2011 dated 4.3.2011 allow the writ petition by granting benefit of service between the date of termination and date of re-engagement only for the purpose of regularization, without any monetary benefit. 7. In view of the above facts and circumstances and the writ petition is allowed and it is directed that the petitioner shall be entitled to the benefit of the service between the date of termination and the date of re-engagement, only for the purpose of regularization. However, the petitioner shall not be entitled to any monetary benefits on account of the said benefit. No costs. AVS ------------------------------------------ 07—04—2011