HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO. 204 OF 2006 Between: K. Prakash S/o late K. Vasudeva Goud ………….Petitioners AND The Managing Director, APSRTC and two others ………….Respondents JUDGMENT: This Writ Appeal arises out of the order dated 27.1.2006 passed in Writ Petition No. 1060 of 2006 whereby the learned Single Judge, while allowing the Writ Petition, permitted the Andhra Pradesh State Road Transport Corporation (APSRTC) to continue with the enquiry proceedings. The factual matrix relevant for the purposes of this case is that the appellant, a Conductor in the service of the APSRTC, was issued a show cause notice of removal from service dated 14.9.2005 in connection with his unauthorized absence from 18.8.2005 to 2.09.2005. The same was subjected to challenge by him in Writ Petition i.e W.P.No. 21230 of 2005. This Court, by interim order dated 29.9.2005, granted stay of all further proceedings pursuant to the impugned notice dated 14.9.2005 for a period of six weeks. Thereafter, by order dated 7.12.2005, the said direction was extended until further orders. While matters stood thus, the APSRTC issued a second show cause notice dated 16.1.2006 calling upon the petitioner to show cause as to why he should not be removed from service in connection with his unauthorized absence from 18.8.2005 to 2.09.2005. Challenging the same, the petitioner filed Writ Petition No. 1060 of 2006. The learned Judge by order dated 27.1.2006, allowed the Writ Petition setting aside the notice dated 16.1.2006 but directed that the enquiry proceedings pursuant to the earlier notice dated 14.09.2005 shall continue. This direction was passed without vacating the interim stay of all further proceedings pursuant to the initial show cause notice dated 14.9.2005 granted in Writ Petition No. 21230 of 2005. Aggrieved by this direction, the petitioner filed the present Writ Appeal. By interim order dated 25.4.2006, a Division Bench of this Court granted stay of the enquiry pending disposal of the appeal. In the light of the aforesaid facts and circumstances, it is clear that the learned Judge erred in permitting the enquiry proceedings to go on by his order dated 27.01.2006 in W.P.No. 1060 of 2006, when the stay granted by this Court in W.P.No. 21230 of 2005 was still subsisting. Without the vacating of the said stay order, the APSRTC could not have proceeded further in the enquiry pursuant to the show cause notice dated 14.9.2005. The Writ Appeal is accordingly allowed setting aside the direction of the learned Judge permitting the APSRTC to proceed with the said enquiry. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _____________________ SANJAY KUMAR, J DATE: 11.08.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.