IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 12405 of 2009 Between: Md. Ghouse, S/o. Md. Ibrahim, E.No. 110629, APSRTC, Narayanapet Depot, R/o. H.No. 3-6-54, Narayanapet, Mahabubnagar District. ..... PETITIONER AND The Deputy Chief Traffic Manager, APSRTC, Mahabubnagar Region, Mahabubnagar 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 to issue a Writ order or direction more particularly in the nture of Writ of Mandamus declaring the action of Respondent in not considering for appointment to the post of driver and not dispose of petitioner Appeal dated 10-5-2008 and 15-06-2009 is illegal, arbitrary, violation of principles of natural justice and consequently direct the respondent to consider petitioner case for appointment to the post of the driver by dispose of petitioner Appeal dated 10-05-2008 and 15-06- 2009 forthwith and pass Counsel for the Petitioner:MR.K.VENKATESSHWARLU Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : O R D E R: The petitioner filed this writ petition under Article 226 of the Constitution of India seeking writ of Mandamus declaring the action of respondent in not considering for appointment to the post of driver and not disposing of his Appeals dated 10.05.2008 and 15.06.2009 as illegal and arbitrary and consequently to direct the respondent to consider petitioner’s case for appointment to the post of the driver by disposing of petitioner appeal dated 10.05.2008 and 15.06.2009. 2. The petitioner was appointed as a Driver in the respondent Corporation on 26-12-1986. While performing the duties, on 22-09- 2007, on the route of Narayanapet to Korla (Mumbai), a check was conducted at stage No.17/18 and in the said check, cash and ticket irregularities were detected. On the basis of the same, a charge memo was issued on 22-09-2007 and after holding a disciplinary enquiry and on the basis of the enquiry officer’s report, the petitioner was removed from service on 29-04-2008. Questioning the said order of removal, the petitioner approached the appellate authority and filed an appeal on 10-05-2008. 3. During the course of pendency of the said appeal, the petitioner also raised a dispute and the same was numbered as I.D.No.29 of 2008 and the Labour Court-III at Hyderabad dismissed the same by its order dated 24-03-2009 on the ground that the appeal before the appellate authority is pending and as such, the said I.D. is not maintainable. According to the petitioner, the date of removal is 29-04-2008 and the appeal was filed by him on 10-05-2008 i.e., about one year back but so far, the appeal is not decided. Hence, he requests the Court to issue a mandamus to the appellate authority i.e., the respondent to decide the appeal on merits as expeditiously as possible. 4. As this writ petition is filed for a direction for early disposal of the appeal, this Court is of the view that this writ petition can be disposed of. 5. After hearing the learned standing counsel for A.P.State Road Transport Corporation, this writ petition is disposed of with a direction to the respondent to consider and decide the said appeal within a period of two months from today. 6. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _______________________ GOPALA KRISHNA TAMADA, J 25th June, 2009 Note:- C.C by three days (B/O) AMD/KSH