IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT: HON'BLE SRI JUSTICE P. SWAROOP REDDY WRIT PETITION No.11924 OF 2009 Between: Y. Hari Babu, S/o. Ramachandraiah ..... Petitioner AND The APSRTC, Rep. by its Managing Director, Musheerabad, Hyderabad & 2 others .....Respondents HONOURABLE SRI JUSTICE P. SWAROOP REDDY WRIT PETITION No.11924 OF 2009 ORDER: Heard both sides. 2. In this petition, petitioner seeks reinstatement into service by declaring the action of respondent No.3 in terminating his services without holding any enquiry, which was confirmed by respondent No.2, as illegal and arbitrary and contrary to the regulations of the APSRTC. 3. In the facts and circumstances of the case and in view of the circular bearing No.PD-05/2009 dated 23-02-2009 issued by the respondent Corporation – APSRTC itself, where a direction is given to hold enquiry before taking serious disciplinary action, and in view of the fact that admittedly no enquiry is conducted in this case before terminating the services of the petitioner, the learned counsel for the petitioner contends that the petitioner is entitled to the relief claimed, as W.P. No.5998 of 2009 filed by one K.V. Ratnam, driver on contract basis, was allowed in the similar circumstances by this Court vide order dated 23-03-2009. 4. Learned Standing Counsel for the APSRTC contends that the circular referred supra was issued in 2009, but the present case pertains to the incident that has taken place in 2007. Still, as the circular was issued based on legal position and the principles of natural justice requires that enquiry is to be conducted, the case of the petitioner can be considered in the light of the circular referred supra. 5. Accordingly, the Writ Petition is allowed and the impugned order is set aside directing the respondents to reinstate the petitioner into service forthwith. No order a to costs. 6. However, the respondents are at liberty to conduct enquiry and take appropriate action against the petitioner. ______________________ P. SWAROOP REDDY, J September 25, 2009. NOTE: Dispatch copy of the order within one week. (B/O) PV