HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.9961 of 2011 Date: April 15, 2011 Between: M.Shekhar … Petitioner And 1. The Regional Manager, APSRTC, Kurnool & others. … Respondents This Court made the following: HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.9961 of 2011 ORDER: This writ petition has been filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the proceedings No.P1/1(5)/05-DHN, dated 23.09.2005, of the 3rd respondent; the proceedings No.St/19(287)/2005-DVMQ, dated 24.10.2005 of the 2nd respondent and the proceedings No.PA/19(282)/05-RM.Q, dated 26.11.2005 of the 1st respondent as illegal and arbitrary and consequently direct the respondents to reinstate the petitioner as Shramik in the Corporation with continuity of service and other consequential benefits. 2. The writ petitioner has been appointed as Shramik on 25.03.1989 in the Andhra Pradesh State Road Transport Corporation (for short ‘the Corporation’). While he was discharging his duties, he was absented from duties from 09.03.2005 to 15.03.2005 due to Malarial fever and family problems and submitted sick certificate after reporting to duty. But the petitioner was served with a charge sheet, dated 16.03.2005, levelling a charge of misconduct. The petitioner has submitted his explanation to the said charge sheet. An enquiry officer was appointed for conducting enquiry into the matter, who in turn submitted his report holding that the charges are proved. The 3rd respondent issued a show cause notice of removal from service on 30.04.2005, for which the petitioner submitted his explanation. The 3rd respondent accepted his explanation and allowed him to discharge his duties. It is further submitted that he applied for leave on 19.09.2005 and he was absent for duty on that day and on the next day when he reported for duty, the authorities informed him that he need not report for duty as it was decided to remove him from service. The 3rd respondent considering the subsequent absenteeism of the petitioner from 19.09.2005 onwards removed him from service vide order, dated 23.09.2005, basing on the earlier show cause notice dated 26.05.2005. Therefore, he filed an appeal, which was dismissed on 24.10.2005. Later, he filed a review petition before the 1st respondent, which was rejected on 26.11.2005. Hence, the writ petition. 3. It is in the discretion of the competent authority to award appropriate punishment as per the conscience and the circumstances of each case. The punishment should be in commensurate with the gravity of charge. Absence of six days without leave cannot be said to be a serious misconduct. Considering the facts and circumstances of the case and to shorten litigation, certainly a lenient view can be taken with regard to punishment. 4. In the similar facts and circumstances, this Court by order, dated 09.07.2010, in W.P.No.16167 of 2010, allowed the writ petition with a direction to the respondents that the petitioner shall be reinstated into service with continuity of service but without any back wages or claiming any other monetary benefits. 5. Following the same, this Writ Petition is allowed. There shall be no order as to costs. ______________ K.C. BHANU, J April 15, 2011. LMV