THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO :13012 of 2010 ORDER: Heard learned counsel for the petitioner and also Smt. W.V.S. Rajeswary, the learned Standing Counsel for APSRTC. In this writ petition the petitioner seeks a direction by way of Mandamus declaring the action of the Depot Manager, APSRTC, the third respondent herein, in terminating his services without holding any enquiry vide Proc: No.P2/1(2)/2008-TDP, dated 24.01.2008, as confirmed by the Regional Manager, the second respondent herein, in Proceedings No.PA/675(167)/2008-RM(A), dated 27.02.2009 as arbitrary and illegal. The petitioner was appointed as a driver in the respondent- Corporation on contract basis in the year 2006 and was working in the third respondent depot. When the petitioner was serving as a contract driver, his services were terminated by the third respondent through the impugned order dated 24.01.2008 on the ground that he was unauthorisedly absent from duty 24.08.2007 onwards. As against the same, the petitioner carried the matter in appeal before the second respondent-appellate authority, and the appellate authority without going into the merits of the case, on the ground that there was delay in filing the appeal, rejected the appeal. In this writ petition, the petitioner questioned the order of termination on the ground that though he was appointed on contract basis by following the regular procedure for selections, his services were terminated without conducting any enquiry and without issuing any notice. It is submitted that though he carried the matter by way of appeal before the appellate authority, the appellate authority without considering his case on merits, rejected the same. The petitioner placed reliance on the judgment of this Court in W.P.No.5998 of 2009 dated 23.03.2009 wherein in identical circumstances, when the services of the contract employee were terminated without conducting any enquiry, this Court allowed the writ petition and directed for reinstatement. The learned Standing Counsel appearing for the respondents fairly submits that identical maters were allowed by this Court directing reinstatement of the petitioner, and requests to dispose of the writ petition on the same lines. I have perused the copy of the order of termination passed by the third respondent dated 24.01.2008 and also the order of the appellate authority dated 27.02.2009. A perusal of the impugned order, it is evident that the termination order was passed on the allegation that the petitioner was unauthorisedly absent 24.08.2007 onwards. When the allegation casts stigma on the petitioner, it is incumbent upon the respondents to conduct enquiry into the allegations levelled against the petitioner and give him an opportunity. But there is no indication of conducting any enquiry or issuing any notice or opportunity to the petitioner before passing the termination order. In that view of the matter the judgment relied on by the petitioner in W.P.No.5998 of 2009 supports the case of the petitioner. For the afore said reasons and following the judgment of this Court in W.P.No.5998 of 2009 dated 23.03.2009 the writ petition is allowed and the order of termination dated 24.01.2008 passed by the third respondent and as confirmed by the second respondent vide proceedings dated 27.02.2009 are hereby set aside. The respondents are directed to reinstate the petitioner into service as a contract driver subject to clearance of the medical tests by the Medical Board/Medical Officer of the Corporation. It is needles to observe that the petitioner is entitled to seniority from the date of his initial appointment as contract driver. However, the petitioner is not entitled to any monitory benefits pursuant to the impugned order. It is made clear that if there is any misconduct on the part of the petitioner this order will not preclude the respondents to conduct enquiry against him and pass appropriate orders in accordance with law. The writ petition is allowed to the extent indicated above. There shall be no order as to costs. _______________________ (R.SUBHASH REDDY, J.) 10th June, 2010 Js.