IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 16274 of 2008 Between: S. Nageswara Rao S/o. Uddadu, Staff No. 049993 Krishna District ..... PETITIONER AND 1 Andhra Pradesh State Road Transport Corporation Rep. by its Chairman & Managing Director, Mushirabad, Hyderabad. 2 The Depot Manager, Andhra Pradesh State Road Transport Corporation Jaggaiahpet Depot, Jaggaiahpet, Krishna District. 3 The Depot Manager, Andhra Pradesh State Road Transport Corporation Autonagar Depot, Autonagar, Vijayawada. 4 The Regional Manager, Andhra Pradesh State Road Transport Corporation Satavahana Region, Vijayawada. 5 The Divisional Manager, Andhra Pradesh State Road Transport Corporation Krishna Division, Vijayawada. .....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 order direction or writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declare the proceedings No. E1/32 (1)/04-JPT dt. 17-10-2006 issued by the Respondents as illegal, arbitrary and unjust and consequently set aside the same (ii) declare the charge Sheet No. 01/337 (1)/2004-JPT dt. 26-6-2006 and consequential action in pursuance of the said Charge Sheet as illegal, arbitrary and unjust and consequently set aside the same and pass Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondent No.: C.PRAKASH REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 16274 of 2008 ORDER: The petitioner retired as Depot Clerk from the Jaggaiahpet Depot of A.P.S.R.T.C. on 30.07.2006, on attaining the age of superannuation. Just before his retirement, he was issued a charge sheet, dated 26.07.2006, alleging that certain discrepancies were noticed in the fuels and lubricants maintained by him. This was followed by an order, dated 17.10.2006, through which the Depot Manager, Jaggaiahpet, 2nd respondent herein, directed recovery of a sum of Rs.76,651/- from the petitioner, towards the cost of alleged discrepancy of the quantities of oils maintained by the petitioner. The petitioner made a representation, dated 10.10.2007, to the Regional Manager, 4th respondent herein, stating inter alia that though a charge sheet was issued four days before the date of retirement, no orders postponing the date of retirement were issued and at any rate, the final order was passed without conducting enquiry. The grievance of the petitioner is that no action has been taken on his representation and his terminal benefits were not released. Heard the learned counsel for the petitioner and the learned counsel for the respondents. On the one hand, a charge sheet was issued to the petitioner four days before the date of his retirement, and on the other, almost a final order was passed, without even conducting enquiry. The circumstances, under which such an action was taken, are not immediately before this Court. Be that as it may, the petitioner made a comprehensive representation, dated 10.10.2007, narrating his grievances. The petitioner retired from service; and withholding of his terminal benefits without any basis would be arbitrary and illegal. The 4th respondent is under obligation to take necessary steps on the representation made by the petitioner. Therefore, the writ petition is disposed of, directing the 4th respondent to pass appropriate orders on the representation, dated 10.10.2007, made by the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _________ 28.07.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 16274 of 2008 Date: 28.07.2008 JSU