HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 21230 OF 2005 Between: K. Prakash S/o late K. Vasudeva Goud ………….Petitioners AND The Regional Manager APSRTC and one another ………….Respondents ORDER : This Writ Petition is filed by a Conductor in the Andhra Pradesh State Road Transport Corporation (APSRTC) challenging the show cause notice of removal from service dated 14.9.2005 calling upon him to show cause as to why he should not be removed from service in connection with his unauthorized absence from duty from 18.8.2005 to 2.9.2005. This Court, by order dated 29.9.2005, granted interim stay of further proceedings pursuant to the impugned show cause notice dated 14.9.2005 for a period of six weeks, which stood extended until further orders by order dated 7.12.2005. Perusal of the impugned show cause notice reflects that a charge sheet was issued to the petitioner on 12.9.2005 in connection with his unauthorized absence. The petitioner submitted his explanation dated 14.9.2005 stating that he was not unauthorizedly absent from duty as alleged and that he had intimated his having fallen sick on 18.8.2005 itself along with a sickness certificate issued by the Government Hospital, which was also certified by the RTC Dispensary, Sangareddy. This sickness certificate covered the period from 18.8.2005 to 24.5.2005 but it was thereafter extended from 25.8.2005 to 31.8.2005. He claims that his sickness continued up to 2.9.2005 and that he reported for duty on 3.9.2005 along with a fitness certificate, but he was not permitted to join duty. It is significant to note that the impugned show cause notice of removal from service dated 14.9.2005, refers to the petitioner’s explanation dated 14.9.2005 but the contents thereof were completely ignored. So much so that the Depot Manager, APSRTC, Sangareddy, the signatory to the said show cause notice, stated that the petitioner failed to submit a leave memo or sickness certificate. Further, the impugned show cause notice clearly demonstrates that the authority had already come to a conclusion that the petitioner was unauthorizedly absent from duty from 18.8.2005 to 2.09.2005, but no enquiry preceded the same. Thus, it is manifest that no opportunity was afforded to the petitioner prior to the decision by the concerned authority. Violation of the principles of natural justice is manifest. Viewed from any angle, the impugned show cause notice dated 14.9.2005 is unsustainable. It is now brought to our notice that pursuant to the orders passed by this Court, the petitioner was permitted to join duty on 22.12.2005 and retired from service thereafter on 31.1.2010. Sri V. Narsimha Goud, learned counsel for the petitioner, however states that APSRTC treated the period from 18.8.2005 to 21.12.2005 as of no significance for all purposes. For the reasons stated supra, the Writ Petition is allowed and the impugned show cause notice of removal from service dated 14.9.2005 is set aside. Consequently, the period from 18.8.2005 upto the date of joining of the petitioner in service, i.e., 22.12.2005, shall be treated as on duty for all purposes except for payment of salary. 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.