IN THE HIGH COURT JUDICATURE, ANDHRA PRADESH AT HYDERABAD SATURDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.28983 of 2011 Between: V.Yadaiah … Petitioner and The Depot Manager, APSRTC., Narayanpet Bus Depot, Mahaboobnagar District, A.P., … Respondent THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.28983 of 2011 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the action of the respondent in recovering an amount of Rs.30,756/- from the petitioner’s salary in concerned with missing of tickets blocks, as arbitrary, illegal and against the principles of natural justice and also contrary to the circulars and judgments of this Court and consequently while setting aside the office order dated 20.07.2011 direct the respondent to repay the recovered amounts to the petitioner by stopping further recovery. Brief facts of the case are that the petitioner is employed as a Conductor in the respondent’s Corporation in the year 1991. While performing his duties, he was issued a charge sheet-cum-show cause notice dated 24.06.2011 stating that for the loss of tickets worth of Rs.30,756/-, why the action should not be initiated against him, for which, he submitted his explanation by denying the charges leveled against him and eventually, the respondent Corporation passed office order dated 20.07.2011 to recover the said amount deducting Rs.1,500/- per month from his salary. It is submitted by the petitioner that before passing the said office order, no domestic enquiry was conducted, which is against the principles of natural justice. Hence, he filed the present writ petition. It is submitted by the learned counsel for the petitioner and admitted by the learned Standing Counsel for the respondent Corporation that the subject matter of this writ petition is squarely covered by the order passed by this Court in W.P. No.7861 of 2006, wherein a learned single Judge of this Court, following the judgment of this Court in CH.P.REDDY v. APSRTC[1] disposed of the writ petition holding that it is only the printing and stationery charges that can be recovered in the event of loss of tickets, not followed by any further allegation of misuse. In the instant case also, the respondent sought to recover the value of the tickets of Rs.30,756/-, the impugned order dated 20.07.2011 has been passed. From a perusal of the order passed by a single Judge of this Court in W.P. No.7861 of 2006, the facts and circumstances of the said case are similar to that of the present case and therefore, the impugned order dated 20.07.2011 cannot be sustained. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side and following the order passed by this Court in W.P. No.7861 of 2006, wherein a learned single Judge of this Court followed the judgment rendered in one supra, the impugned order dated 20.07.2011 is set aside and this writ petition is allowed. However, it is left open to the respondent to recover printing and stationery charges from the petitioner for the tickets that were lost in his hands. It is represented by the learned counsel for the petitioner that deduction from his salary has already been effected, therefore, the respondent is directed to refund the deducted amount after deducting the printing and stationery charges of the tickets. In the result, the writ petition is allowed. There shall be no order as to costs. ________________________ JUSTICE G.CHANDRAIAH Date: 29.10.2011 LSK [1] 2000(5) ALT 7