HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.33752 of 2010 Date: December 31, 2010 Between: P.J. Khan … Petitioner And 1. The APSRTC, rep. by its Managing Director, Hyderabad and 2 others. … Respondents * * * HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.33752 of 2010 ORDER: Heard Sri K. Srinivasa Rao, learned standing counsel for the Corporation and with his consent this order is passed. 2. The writ petitioner, who is working as a driver on contract basis with the respondent Corporation, has been disengaged on 06.01.2010. When he carried the matter in appeal before the Deputy Chief Traffic Manager, Kurnool Region, the same was rejected only on the ground that it is time barred as the appeal is submitted on 18th June 2010 in stead of submitting it within a period of two months from 06.01.2010. But the fact remains that the Corporation itself has issued circular instructions to all the disciplinary authorities pointing out that they must conduct an enquiry before terminating the contract of engagement of the drivers. Contrary thereto the contract of engagement of the petitioner has been terminated. 3. When a similar issue has fallen for consideration before this Court in W.P. No.5998 of 2009, by order dated 23.3.2009 this Court set aside the order of termination leaving it open to the respondent Corporation to conduct an enquiry if there is any misconduct attributable to the petitioner and on the basis of result of the enquiry, appropriate action can be initiated against him. The said line of reasoning has been adopted in several other cases including in W.P. No.8846 of 2010 which was disposed of on 20th April 2010. 4. Therefore in view of the long line of cases in which this court has taken the view that before terminating the contract of engagement of a driver an enquiry should proceed, I am inclined to allow this writ petition and set aside the order passed on 06.01.2010 passed by the Depot Manager, Kurnool-2 Depot against the writ petitioner, leaving it open to the third respondent to conduct an enquiry if a misconduct is attributable to the petitioner and based upon the result of the said enquiry appropriate action be taken. It is needless to observe that the writ petitioner would be entitled to all benefits which are extended to similarly placed drivers engaged on contract basis, whose orders of ex parte termination have been set aside by this Court. 5. The writ petition is accordingly allowed. No costs. ________________________________ NOOTY RAMAMOHANA RAO, J Date: December 31, 2010. BSB