IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 13376 of 2009 Between: P.Jagadishwara Chary S/o. Late Balakrishnachary R/o. G.1, Balaji Residency, B.N. Reddy Nagar, Vanastalipuram, Hyderabad - 500 070 ..... PETITIONER AND 1 APSRTC, Rep. by its Managing Director, Bus Bhavan, RTC 'X ' Road, hyderabad. 2 The Depot Manager, APSRTC, Bus Depot, tandoor, Ranga Reddy District, .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ or direction particularly one in the nature of WRIT OF CERTIORARI, quash the impugned order of show cause notice No. P1/114(2)/2008-TDR dated 27.06.2009, served on 29.06.2009, as arbitrary, capricious, discriminatory and in violative of Art. 14, 16 and 21 of Constitution of India, and consequently the petitioner pray this Hon'ble court to direct the respondents corporation to reinstate the petitioner into service along with all the consequential benefits in the interest of justice and fair play. Counsel for the Petitioner:MR.V.NARASIMHA GOUD Counsel for the Respondent No.: MR.K.MADHAVA REDDY(SC FOR APSRTC) The Court at the stage of admission made the following O R D E R: Heard Sri K. Madhava Reddy, learned Standing Counsel for APSRTC. Sri V. Narasimha Goud, learned counsel for the writ petitioner, placing reliance upon the judgment rendered by a Division Bench of this Court in Depot Manager, APSRTC v. Mohd. Ismail[1], wherein the following principle has been settled, “ ………….The findings recorded in the preliminary enquiry are ex parte findings and the delinquent is not bound by such findings. The delinquent will not be bound by even his own statement recorded in the preliminary enquiry unless the same is produced in the departmental enquiry and proved in accordance wit law. Misconduct of a delinquent should be proved only in the departmental enquiry. If that is so, it should be held that the findings recorded by the Disciplinary Authority in the course of preliminary enquiry will in no way prejudicate the delinquent and those findings will not violate any of the rights of the delinquent. Preliminary enquiry is not intended to determine anybody’s right’ it is intended for the Disciplinary Authority to form subjective satisfaction regarding the desirability to launch departmental proceedings against a delinquent………” contended that the Enquiry Officer has committed a legal error in arriving at the conclusion that the charges framed against the writ petitioner are held proved, in spite of the complainants’, during the course of enquiry, deposing that the contents of the complaints made by them are not correct and that they are not standing by them. The learned counsel would further submit that while issuing the impugned show cause notice, dated 27th June 2009, the Disciplinary Authority has also committed the same legal error in placing reliance upon the erroneous findings recorded by the Enquiry Officer, inasmuch as there is no legal evidence in support of such conclusions. However, when the learned counsel for the petitioner has been confronted by the Court that this is not the stage at which a finding can be rendered by this Court on the alleged legal infirmity committed by the respondents and it is certainly open to the petitioner to point out the same in the reply to the show cause notice, dated 27th June 2009, so that the Disciplinary Authority can exercise its mind thereon, he submits that the writ petitioner would avail the said remedy of filing a detailed reply to the impugned show cause notice and he prays for time. If the writ petitioner submits a reply to the show cause notice, dated 27th June 2009 on or before 10th August 2009, the same may be considered on merits and appropriate decision be taken thereon. With this, the Writ Petition stands disposed of. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 21st July 2009 Note: Issue CC in one week. ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KSRANI} [1] 1996(4) ALD 749 (D.B.)