THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.4 of 2010 Dated: 25.01.2010 Between Inder Singh, Hyderabad. … Petitioner And APSRTC, rep., by its Managing Director, Hyderabad and another. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 4 of 2010 O R D E R : This writ petition is filed seeking a declaration that the order dated 30.12.2009 passed by the 2nd respondent-Depot Manager, APSRTC, HCU Depot, removing the petitioner from service with immediate effect is arbitrary and illegal. I have heard the learned counsel for the petitioner as well as the learned standing counsel appearing for the Corporation. The material on record shows that the impugned order of removal was passed on the ground of the unauthorized absence of the petitioner from 12.12.2009 up to the date of the impugned order. However, admittedly, no enquiry was conducted with regard to the alleged absence from 12.12.2009 to 30.12.2009. The charge sheet was issued only with regard to the alleged unauthorized absence for the period from 14-03-2008 to 26.04.2008 and after considering the petitioner’s explanation, the petitioner was given an opportunity to continue in service from 05.11.2008. In identical circumstances, a Division Bench of this Court in W.A.No.769 of 2005 held that the punishment imposed by taking into consideration the unauthorized absence with regard to which there was no charge and no enquiry amounts to depriving an opportunity of the delinquent to defend his case and amounts to arbitrary exercise of power. Accordingly, the order impugned was set aside by the Division Bench and the Writ Appeal was allowed by judgment dated 05.04.2005. The learned counsel for the Corporation has not disputed the fact that the petitioner herein is also similarly situated. In the circumstances, following the judgment of the Division Bench in W.A.No.769 of 2005, the impugned order dated 30.12.2009 is hereby set aside and the writ petition is allowed. However, this shall not preclude the Corporation to pass appropriate orders afresh following due process of law. No costs. ______________ G. ROHINI, J. Date: 25.01.2010 KLP