THE HON’BLE SRI JUSTICE C.V. RAMULU Thursday, 7th day of February,2008 W.P.No.17976 of 2005 Between:- N.N. Rao … Petitioner and The Regional Manager, APSRTC, Visakhapatnam Region, Visakhapatnam & another … Respondents THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.17976 of 2005 ORAL ORDER: This Writ Petition is filed challenging the Proceedings No.P2/1(74)/2002-Anakapalli, dated 21-6-2004 of the 2nd respondent whereunder the petitioner was removed from service on the ground of absenteeism. It is the contention of the learned counsel for the petitioner that though an enquiry was conducted into previous misconduct by issuing a charge sheet, the impugned Order is passed on the basis of unauthorized absence of later period from 7-6-2004 to 14-6-2004 for which no charge sheet was issued and no enquiry was conducted and passing such an Order is arbitrary, illegal and contrary to the Judgment of this Court rendered in Writ Appeal No.769 of 2005, dated 5-4-2005. The proposition of law in the said case and the facts of the present case are not disputed seriously by the learned counsel for the respondents. I am of the opinion that the issue that arises for consideration in this Writ Petition is squarely covered by the Judgment in Writ Appeal No.769 of 2005, dated 5-4-2005 and therefore, this Writ Petition is also liable to be allowed and the impugned Order is liable to be set aside. Generally speaking, in such cases, the matter needs to be remanded for reconsideration of the authorities for conducting fresh enquiry. Now, it is about 4 years since the disciplinary proceedings were initiated against the petitioner and this being a charge of absenteeism, I deem it appropriate to give a quietus to this litigation, at this stage itself. To meet the ends of justice, it is desirable to deny back wages and other attendant benefits while directing reinstatement of the petitioner with continuity of service. In the result, the impugned Order is set aside. The respondents are directed to reinstate the petitioner with continuity of service, but without any back wages and without any attendant benefits. Respondents shall reinstate the petitioner within a period of four weeks from the date of receipt of a copy of this Order. Accordingly, the Writ Petition is disposed of. No order as to costs. 07-2-2008 prk