THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.10776 OF 2004 DATED 20TH NOVEMBER, 2009 BETWEEN G.Yadagiri … Petitioner And The Regional Manager (MR), APSRTC, Medak Region, Sangareddy, Medak Dist. And Another. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.10776 OF 2004 O R D E R The petitioner, a former Driver in the Andhra Pradesh State Road Transport Corporation (for brevity, ‘the APSRTC’), challenges the proceedings dated 17.04.2004 passed by the Depot Manager, Zahirabad Depot of the APSRTC, disengaging him from service with effect from 17.04.2004 for his participation in an illegal strike on 15.04.2004 and 16.04.2004. It is the case of the petitioner that he was unwell from 14.04.2004 upto 23.04.2004. He claims to have sent his sickness certificate to the Depot on 14.04.2004 and thereafter reported for duty on 24.04.2004 along with a fitness certificate. However, he was not permitted to join duty and subsequently the impugned proceedings dated 17.04.2004 were served on him on 25.06.2004. He challenges the same on the ground that no notice or opportunity was given to him prior to his being disengaged from service and accordingly, there was a gross violation of the principles of natural justice. He asserted that he did not participate in any strike as alleged and reiterated that he was suffering from illness during the said period. In its counter, the APSRTC stated that there was a condition in the appointment order that the petitioner was liable to be disengaged at any time without assigning any reason or notice. It was denied that he submitted his sickness certificate on 14.04.2004. Surprisingly, the APSRTC stated that the petitioner was reinstated in service vide proceedings dated 17.09.2004 and that he had been working at Zahirabad Depot since 2005. It was further stated that he was not attending to his duties with effect from 03.06.2008 though his name is continuing on the muster rolls of the APSRTC. The issue for consideration is the validity of the impugned proceedings dated 17.04.2004 disengaging the petitioner from service. It is not denied by the APSRTC that no prior notice or opportunity was given to the petitioner before action was taken against him. Such procedure, in flagrant violation of the principles of natural justice, is unknown to law. Even a temporary employee is entitled to protection of the law. The APSRTC cannot therefore rely on the recitals in the petitioner’s appointment order that his services could be disengaged at any time without reason and seek to justify its action. All the more so, when the impugned proceedings are punitive in nature. The petitioner’s services were said to have been disengaged owing to his participation in an illegal strike, thus casting a stigma upon him. The petitioner denies his participation in such strike but no opportunity was given to him to establish the same. Irrespective of whether or not the petitioner was continued in service thereafter, the impugned proceedings dated 17.04.2004 cannot be sustained. The writ petition is accordingly allowed setting aside the impugned proceedings No.01/701(1)/2004-ZHB dated 17.04.2004. In the circumstances of the case, there shall be no order as to costs. -------------------------------------- JUSTICE SANJAY KUMAR 20TH NOVEMBER, 2009 PGS THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.10776 OF 2004 DATED 20TH NOVEMBER, 2009