IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 15768 of 2004 Between: Janga Reddy S/o Narsi Reddy R/o Choutuppal (V), Nalgonda District ..... PETITIONER AND 1. The Regional Manager, APSRTC., Nalgonda Region, Nalgonda District 2 The Depot Manager, APSRTC., Narkatpally Depot .....RESPONDENTS 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 issue a Writ order or direction or Writ more particularly one int he nature of Writ of Mandamus declaring the order passed by the 2nd respondent in proceedings NO. P1/781(2)2004-NKR dt 11-05-01 deleting the petitioner's name from the select list as illegal, unjust, amounts to an act of victimization and unfair labour practice and also violative of article 14,16 and 21 of Constitution of India and set a side the same. Counsel for the Petitioner: MR.G.RAVI MOHAN Standing Counsel for the Respondents: MR.V.T.M.PRASAD The Court at the admission stage, made the following : THE HON'BLE Dr. JUSTICE G.YETHIRAJULU WRIT PETITION NO: 15768 of 2004 ORDER: The petitioner worked as a Driver in the respondents- corporation. He was selected as a Driver in the year 1999 through the selection committee. 2. The petitioner contends that on 18-03-2004 he fell sick and the same was informed to the Depot Authorities. He underwent treatment and he was advised to take bed rest, due to which he could not attend duty during the strike period. Subsequently, the 2nd respondent issued proceedings dated 11-05-2004 against the petitioner, alleging that the petitioner has not reported for duty during the strike period and deleting the name of the petitioner from the selected list. Therefore, his name was deleted from the approved panel of selected candidates without giving any prior notice or conducting any enquiry and without giving him any opportunity. The petitioner preferred an appeal to the appellate authority on 04-01-2003 but the respondents refused to receive the said appeal stating that there is no appeal against deleting the name from the list of selected candidates. He, further, contends that this Court allowed the writ petition in W.P.No.4837 of 2003 in the matter of deleting the names of employees from the list of selected candidates without conducting any enquiry and the same was confirmed by the Division Bench of this Court in W.A.No.1259 of 2003, dated 29-08-2003. Hence, he approached this Court through this writ petition seeking a writ of mandamus declaring that the action of the 2nd respondent through the proceedings dated 11-05- 2004 deleting his name from the list of selected candidates as illegal, unjust, amounts to an act of victimization and also in violation of Articles 14, 16 and 21 of the Constitution of India and to direct the 2nd respondent to reinstate him into service. 3. The respondents could not place any material to show whether any prior notice was issued or any enquiry was conducted against the petitioner for his unauthorized absence. In the absence of issuing prior notice or conducting any enquiry, the deletion of the name of the petitioner from the list of selected candidates cannot be sustained. 4. In the light of the circumstances, the order of the 2nd respondent dated 11-05-2004 is set aside. The 2nd respondent is directed to restore the name of the petitioner into the list of selected candidates and allow him to discharge his duties according to rules. 5. The Writ Petition is accordingly allowed. No order as to costs. ____________________ September 2,2004 KVR To 1. The Regional Manager, APSRTC., Nalgonda Region, Nalgonda District 2 The Depot Manager, APSRTC., Narkatpally Depot. 3 Two C.D. copies.