THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.33333 of 2011 DATED:29.12.2011 BETWEEN J.Reuben …PETITIONER AND Andhra Pradesh State Road Transport Corporation and others. …RESPONDENTS. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.33333 of 2011 ORDER: This Writ Petition is filed seeking to declare the action of the respondents in removing the petitioner from service by order, dated 20.06.2006, as confirmed in appeal and review petition, for the subsequent period of absenteeism from 05.05.2006 to 20.06.2006, without framing charge and without conducting enquiry, as arbitrary and illegal and contrary to the regulations and circulars and consequently to set aside the same and direct the respondents to reinstate the petitioner with continuity of service and all other consequential benefits. 2. In the affidavit filed in support of the Writ Petition it is stated that the petitioner was appointed as a Conductor in respondent No.1 Corporation in the year 1985. While so, from 16.01.2004 to 28.02.2004 due to ill-health, he could not attend for duties. Therefore, respondent No.5 issued charge sheet, dated 23.03.2004, for his unauthorized absence. A domestic enquiry was conducted into the charges. Though the Enquiry Officer in his report, dated 09.07.2004 held that the charges are proved, the petitioner continued in service and no action was taken against him in view of his explanation. While so, a show cause notice, dated 01.03.2005 was issued to him proposing to remove him from service for the charges of absenteeism in the year 2004. The petitioner had given a detailed reply to the said show cause notice. Pursuant to the said show cause notice, dated 01.03.2005, no action has been taken. On 20.06.2006, respondent No.5 issued removal order taking into consideration the subsequent period fo absenteeism from 05.05.2006, during which period the petitioner suffered from paralysis, taken treatment at Government Ayurvedic Hospital and reported sick. Therefore, respondent No.5 without issuing charge sheet for the subsequent period from 05.05.2006 and without conducting any enquiry as prescribed under the regulations issued removal order. On 03.08.2006 the petitioner preferred appeal before respondent No.4 and the same was rejected by proceedings, dated 03.02.2007. Thereafter, the petitioner filed review appeal, dated 22.02.2007 to respondent No.3, which was also rejected by order, dated 27.09.2007. The petitioner filed mercy appeal before respondent No.2 on 28.09.2010. But, respondent No.2 has not considered the same. 3. Learned counsel for the petitioner contended that the petitioner filed mercy appeal before respondent No.2 on 28.09.2010 and the same is pending consideration. 4. On the other hand, learned Standing Counsel appearing for the respondent-Corporation contended that the petitioner filed mercy appeal before respondent No.2 and that appropriate orders would be passed on the papeal by the respondent-Corporation in accordance with law. 5. Considering the facts and circumstances of the case, without going into the merits of the case, respondent No.2 is directed to dispose of the mercy appeal, dated 28.09.2010, filed by the petitioner within a period of one month from the date of receipt of a copy of this order, if it is not already disposed of. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. __________________________ JUSTICE G.CHANDRAIAH DECEMBER 29, 2011 YVL THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.33333 of 2011 DATED:29.12.2011 YVL