IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE TWENTYFOURTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 17493 OF 2010 Between: P. Ezra … Petitioner V/s. A.P.S.R.T.C. Represented by its Vice-Chairman & Managing Director, Musheerabad, Hyderabad & Anr. … Respondents Counsel for the Petitioner : Sri A. Rama Rao Counsel for the Respondents : Sri Pottigari Sridhar Reddy The Court made the following order : (Order follows 2nd page) THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 17493 OF 2010 O R D E R : The petitioner, a driver in the Andhra Pradesh State Road Transport Corporation (APSRTC), assails his removal from service under the proceedings dated 03-04-2010. The said removal was occasioned by the alleged unauthorized absence of the petitioner from duty during the period 30-04-2007 to 03-06-2007. However, the impugned proceedings dated 03-04-2010 reflect that the Disciplinary Authority took into account the alleged unauthorized absence of the petitioner during subsequent periods while coming to the conclusion that the punishment of removal from service was warranted. 2. In the light of the law laid down by a Division Bench of this Court in M. MURALI KRISHNA V/s. A.P.S.R.T.C.,[1] that the employer’s action in taking into account the employee’s absence from duty without any charge or enquiry pertaining thereto amounted to depriving the delinquent employee of an opportunity to defend his case, in addition to arbitrariness, this Court is of the opinion that the impugned proceedings dated 03-04-2010 removing the petitioner from service on the basis of his alleged unauthorized absence for subsequent periods which were not even put to him, cannot be sustained. 3. The writ petition is accordingly allowed setting aside the impugned proceedings dated 03-04-2010. The petitioner shall be reinstated with continuity of service and consequential benefits. This shall however not preclude the APSRTC from initiating action against the petitioner in due accordance with procedure in respect of the petitioner’s subsequent unauthorized absence, if any. No costs. _______________________ JUSTICE SANJAY KUMAR. 23-12-2010 I s L THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 17493 OF 2010 CIRCULATION ENTRY No. 88 Date: 23-12-2010 Court Master : I s L Computer No. 43 [1] ) W.A.No. 769 of 2005 dated 05-04-2005