HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.26918 OF 2011 ORDER: The petitioner is working as Conductor in Tiruvuru Depot of APSRTC. He states that on 06-10-2010 he started at his house at 3-00 AM, early in the morning, to report duty for a service to Hyderabad at 4-30 AM and that on the way a buffalo came across and hit the motor cycle. He is said to have sustained injuries to his limbs in the accident and has undergone treatment for a period of 5 days. He was issued a charge memo by the Depot, 2nd respondent herein, on 21-10-2010. The petitioner submitted his explanation narrating the reason for his absence. Not satisfied with that, the 2nd respondent appointed the Enquiry Officer. A report was submitted by the Enquiry Officer on 09-12-2010. Taking the same into account, the 2nd respondent issued a show cause notice to the petitioner on 16-12-2010 proposing the punishment of removal from service. The explanation submitted by the petitioner was taken into account and the 2nd respondent passed an order, dated 12-07-2011, removing the petitioner from service. The same is challenged in this writ petition. 2. It is stated that though the period of absence is 5 days and that it was on account of the accident that was occurred to the petitioner, the earlier instance of absence was taken into account. Reliance is placed upon a judgment of this Court in Mrs.P.V. KAMESWARI v. DEPOT MANAGER, APSRTC, GOKAVARAM DEPOT, E.G.DISTRICT[1]. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. 4. Learned Standing Counsel for the respondents raised an objection as to the maintainability of the writ petition on the ground that the petitioner did not avail the remedy of appeal and review. It is submitted that the 2nd respondent has taken the relevant facts into account before imposing the punishment. 5. The only charge farmed against the petitioner reads as under: “For having absented for your duties authorized from 06-10-2010 to 11-10-2010 with out any intimation or prior any sanction of leave, causing very such for operation of schedule services besides causing inconvenience to the traveling public which constitutes misconduct under Regulation No.28(xxvii) of APSRTC employees (Conduct) Regulations, 1963.” 6. The petitioner stated that he was posted to duty on a service, which is to start at 4-30 AM on 06-10-2010 and while he was coming from his residence, at about 3-00 AM, the accident occurred when a buffalo hit the motor cycle. It was not even alleged that the explanation offered by the petitioner is factually incorrect. That the petitioner remained absent is not at all in question. The whole controversy is about the reason for absence. When the petitioner sustained serious injuries to the limbs, when he was coming in wee hours, the imposition of penalty of removal is totally unconstitutional. 7. A perusal of the report of the Enquiry Officer discloses that except referring to the explanation offered by the petitioner and the charge framed against the petitioner, the Enquiry Officer did not apply his mind to the facts of the case. The 2nd respondent has taken certain facts, which are not part of the charge, into account and imposed the punishment. Strictly speaking, the matter has to be remanded to the 2nd respondent or that the petitioner has to be required to avail the remedy of appeal. This Court is of the view that a serious flaw crept into the order in several respects, ranging from non-application of mind of the Enquiry Officer, taking of extraneous facts into consideration, by the 2nd respondent. It is felt that reinstatement of the petitioner into service by denying the back wages would meet the ends of justice. 8. Hence, the Writ Petition is allowed and the impugned order is set aside. The 2nd respondent was reinstated the petitioner into service forthwith, but the petitioner shall not be entitled for back wages. The petitioner, however, shall be entitled for other consequential benefits. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J October 11, 2011. KTL [1] 2009 (1) ALT 52