THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No. 3667 of 2010 O R D E R: Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. In this Writ Petition, the petitioner has questioned the order dated 26.06.2006, by which his services as a Driver in Andhra Pradesh State Road Transport Corporation, were terminated. The petitioner was appointed as a contract Driver in the month of March 2005 and was posted in Tadepalligudem Depot of the Corporation. On the ground that he remained absent unauthorizedly from 14.05.2006 to 26.06.2006, his services were terminated. The grievance of the petitioner is that the impugned order was passed without affording any opportunity and without conducting any enquiry against him. When the matter is taken up for consideration, it is submitted by the learned counsel for the petitioner that similar Writ Petitions, where orders of termination were challenged on the allegation of unauthorized absence, were allowed by this Court by setting aside such orders. The learned Standing Counsel for the Corporation admits that similar Writ Petitions were allowed, keeping it open to the respondents to initiate proceedings against the employees, by issuing notice, as contemplated under the Regulations. Inasmuch as the impugned order of termination is not an order of termination simplicitor, but there is a finding recorded that he was unauthorizedly absent between 14.05.2006 and 26.06.2006 and such finding casts stigma on the service of the petitioner, I am of the opinion that unless the petitioner is given notice and opportunity of hearing, the said order could not have been passed. For the reasons stated above, the order of termination is set aside. The respondents are directed to re-instate the petitioner into service and continue him on the same terms and conditions of his appointment as contract labour. However, it is made clear that if any allegations of unauthorized absence are made, this order will not preclude the respondents from conducting enquiry and passing appropriate orders in accordance with the Regulations framed by the Corporation. Subject to the above directions, the Writ Petition is allowed. No costs. ---------------------------- (R. SUBHASH REDDY, J) 11th March 2010 ksld