IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 18822 of 2008 Between: NR Krishna S/o.Rathana Bhaskar Rao E.No.352259 H.No.8-4-46/3 Bhimavaram Near HP Gas Company Chinnayarapalem,W.G District ..... PETITIONER AND The Depot Manager A.P.S.R.T.C Bhimavaram West Godavari 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 to call for the records from the respondent herein by issuing a writ order or direction more particularly one in the nature of writ of Mandamus by declaring the impugned proceedings No.M1/1118(03)2008 dt 29-07-2008 removing the petitioner from service as arbitrary illegal perverse unjust contrary to law without application of mind and aslso in violation of Articles 14 and 21 of the constitution of India and consequently by setting aside the same grant his relief or reinstatement continuity of service back wages attendant benefits and pass Counsel for the Petitioner:MR.P.SRIDHAR RAO 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 : 18822 of 2008 ORDER: The petitioner was employed as a Driver in the A.P.S.R.T.C. and was working in the Bhimavaram Depot. The Depot Manager, respondent herein, initiated disciplinary proceedings against the petitioner by issuing a charge sheet, dated 31.03.2008. It was alleged that the petitioner allowed one of the passengers to keep four dead bodies of night Heron birds in the destination box of the bus on 10.03.2008. The petitioner submitted his explanation and thereafter, the enquiry oﬃcer was appointed. In the report, submitted by the enquiry oﬃcer, the charge framed against the petitioner was held proved. After issuing second show cause notice to the petitioner, the respondent passed an order, dated 29.07.2008 directing removal of the petitioner from service. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent. On behalf of the petitioner, several grounds, touching on merits, are urged. The attention of this Court is drawn to the report of the enquiry oﬃcer and it is submitted that even according to the Forest Oﬃcials, who intercepted the bus, one Mr. Katikala Moshe was the person, who kept the birds in the destination box. Even assuming that there are any inconsistencies in the enquiry report, the petitioner has to work out his remedies, provided for under the Service Regulations. Not only an appeal to the Divisional Manager but also a review to the Regional Manager is provided. If the petitioner is not successful in his pursuit of departmental remedies, he can approach the Labour Court under Section 2-A(2) of the Industrial Disputes Act, 1947. The latitude for granting relief in the departmental remedies is fairly large, when compared to the jurisdiction of this Court. Hence, the writ petition is disposed of, leaving it open to the petitioner to work out the departmental remedy of appeal. As and when an appeal is preferred by the petitioner, the appellate authority shall consider the matter on merits, with reference to the grounds pleaded by the petitioner. There shall be no order as to costs. _________ 29.08.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 18822 of 2008 Date: 29.08.2008 JSU