IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 10 of 2009 Between: P.B. Chowdary S/o. P.R.K. Murty R/o. Lalkota Village & Post, Chinna Chintakunta Mandal, Mahabubnagar District. ..... PETITIONER AND 1 The Depot Manager, Andhra Pradesh State Road Transport Corporation, Narayanpet Depot, Mahabubnagar District. 2 The Vice Chairman & Managing Director, Andhra Pradesh State Road Transport Corporation, Musheerabad, Hyderabad-500 020. .....RESPONDENT(S) 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 to issue an appropriate writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the Proceedings No.B2/95(53)/08-NRPT dated 27.12.2008 of the 1st respondent, as being illegal, arbitrary and is against to the guidelines issued in Circular No.04/2008-OPD(HES) dt. 8.2.2008 of the 2nd respondent and consequently set aside the same and pass Counsel for the Petitioner:MR.V.RAMCHANDER GOUD Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 10 OF 2009 ORDER: 1. This writ petition has been filed by P.N.Chowdary, assailing the proceedings No.B2/95(53)/08-NRPT, dated 27-12-2008 issued by the Depot Manager, Andhra Pradesh State Road Transport Corporation-1st Respondent. The petitioner while working as a Conductor involved in certain irregularities in issuing of tickets. Charges have been framed and a domestic enquiry was conducted where under the charges against the petitioner held to be proved and the disciplinary authority issued show cause notice proposing punishment of removal from service vide Proceedings No.B2/95-(53)/08-NRPT, dated 27-12-2008. Assailing the show cause notice the petitioner has filed this writ petition. 2. When the writ petition came up for admission, Smt. B.G. Uma Devi takes notice on behalf of the respondents. 3. Heard learned counsel appearing for the parties. 4. Learned counsel appearing for the petitioner submits that the proposed punishment of removal from service is contrary to the guidelines issued by the respondent-Corporation in Circular No. 04/2008-OPD (HES), dated 8-2-2008. Learned counsel for the petitioner laid much emphasis on the guideline No.8 of the Circular which reads as hereunder:- 8. IMPOSING PUNISHMENTS AND PENALTIES. Guidelines issued vide Cir. 8th cited on imposing punishments on delinquent Conductors in cash and ticket irregularities cases are reiterated hereunder:- a) If it is a case of first misconduct, punishment of removal from service need not be imposed, unless the case is of very serious nature. b) Penalty of removal from service will be imposed in case of serious cash and ticket irregularities such as re-issue of tickets, sale of fake tickets, issue of unconcerned tickets, alterations in STAR and way bills etc. c) Likewise, in cases of inadvertent irregularity or cases where benefit of doubt is due to the employee, a lenient view may be taken. d) Appellate Authorities shall follow uniformity in awarding punishments based on the merits of the cases. 5. In a way it is contended by the learned counsel appearing for the petitioner that the punishment of removal from service is disproportionate to the charges levelled against the petitioner. 6. So far as the petitioner has not submitted explanation to the show cause notice. The petitioner is at liberty to submit his explanation to the show cause notice detailing the guidelines issued by the respondent- Corporation in Circular No.04/2008-OPD (HES), dated 8-2-2008. 7. I do not see any valid ground to interfere with the show cause notice impugned in the writ petition. 8. Accordingly, this writ petition is disposed of. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 20th January, 2009. Note: C.C. in two days B/o KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 10 OF 2009 20th January, 2009.