IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 588 of 2009 Between: B.Loknath Rao S/o.B.Karibasappa R/o.D.No.4-1127-A, Bhramaramba Colony Opp:Jonna Veeraiah colony, Kalayandurg Road Anantapur ..... PETITIONER AND The Depot Manager, APSRTC, Kalyandurg Depot Kalyandurg,Anantapur District .....RESPONDENT 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 appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the proceedings No.02/95(98)/08 KDG dated 30.12.2008 as illegal, arbitrary,in violation of principles of natural justice and in violation of Art.14 of the Constitution of India and consequently direct the respondent to continue the petitioner in service in the interest of justice and to pass Counsel for the Petitioner:MR.S.D.GOWD Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No. 588 OF 2009 ORDER: 1. This writ petition has been filed by B.Loknath Rao assailing the show cause notice of removal from service issued by the respondent. 2. The petitioner has been working as a conductor in the respondent-Corporation since 6-1-2000. While he was conducting the bus on the route Atmakur to Kadarampalli, a check came to be made and one person found to be travelling without any ticket. A disciplinary action came to be initiated against the petitioner for cash and ticket irregularities. The petitioner submitted explanation to the charges. Enquiry Officer conducted enquiry and submitted a report. The Disciplinary Authority issued show cause notice to the petitioner proposing the punishment of removal from service. Assailing the show cause notice dated 30-12-2008, the petitioner filed this writ petition invoking jurisdiction under Article 226 of the Constitution of India. 3. Learned counsel appearing for the petitioner submits that the misconduct on the part of the petitioner is minor one and therefore, the punishment of removal from service is not warranted. A further submission has been made 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. 4. 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. 5. Indisputably, the petitioner has not submitted explanation to the show cause notice. He is at liberty to submit explanation adverting to the guideline NO.8 of the circular. This is not a fit case to interdict the departmental proceeding at the stage of show cause notice proposing the punishment. 6. Accordingly, this writ petition is dismissed. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 21st January, 2009. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No. 588 OF 2009 21st January, 2009.