HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.9830 of 2010 Dated: 28-04-2010 Between: MD. Shaheed. … Petitioner And The Depot Manager, APSRTC, Jeedimetla Bus Depot & another. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.9830 of 2010 ORDER: As it is submitted by the learned counsel for petitioner as well as the learned Standing Counsel appearing for the respondents that similar matters were already disposed of by this Court, this writ petition is also disposed of at the stage of admission. 2. The writ petition is filed with the following prayer : “to issue appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of respondent No.1 in terminating the petitioner as contract Driver is bad, arbitrary, illegal, unjust, unreasonable, disproportionate and against to the principles of natural justice and against to the Corporation circulars by setting aside Proceedings No.E2/1(30)/2006-JDM, dated 24.08.2006 of the 1st respondent and consequential orders if any, and consequently direct the respondents to reinstate the petitioner with continuity of service with all consequential service benefits such as regularisation etc.” 3. The petitioner was appointed as a Driver on contract basis, in May 2006, in the Andhra Pradesh State Road Transport Corporation (APSRTC), and is posted in the 1st respondent Depot. It is stated that though the appointments are made initially on contract basis, but such appointments are made after following the due procedure prescribed for selection of regular candidates, and as per the practice in vogue in the Corporation, the persons employed on contract basis will be absorbed into regular service, as and when the vacancies arise. 4. When the petitioner was rendering his services on contract basis, on the ground that he was unauthorisedly absent from duty from 03.06.2006 to 24.08.2006, his services were terminated, by an order, dated 24.08.2006, issued by the 1st respondent in Proceedings No.E2/1(30)/2006-JDM. It is the case of the petitioner that in view of his appointment by following the regular procedure, it is not open for the respondents to terminate his services without conducting any inquiry and without giving any opportunity. 5. I have perused the copy of the termination order. It does not refer to conducting of any inquiry prior to issuing the said order. Though the petitioner was appointed on contract basis, but as the termination is based on the alleged misconduct, it is obligatory on the part of respondents to issue notice and conduct inquiry before passing such termination orders. It is also submitted by the learned counsel for petitioner that similar matters were allowed by this Court by orders, dated 23rd of March 2009, passed in W.P.No.5998 of 2009. Even the learned Standing Counsel appearing for respondents submit that similar such matters were allowed by this Court. 6. I have also perused the order of termination. From a perusal of the said order, it is evident that no inquiry is conducted and no notice was issued to the petitioner, before passing the order of termination. In that view of the matter, and in view of the order, dated 23rd of March 2009, passed in W.P.No.5998 of 2009, the impugned order is liable to be set aside. 7. Accordingly, the proceedings, dated 24.08.2006, issued by the 1st respondent in Proceedings No.E2/1(30)/2006-JDM, is set aside, with a direction to the respondents to reinstate the petitioner into service as a Driver on contract basis. It is made clear that on such reinstatement, the petitioner is entitled to continuity of service and to all the benefits of contract employment, which are extended to the similarly placed contract Drivers, appointed along with him. It is also made clear that if there is any misconduct on the part of the petitioner, this order will not preclude the respondents from conducting inquiry and passing appropriate orders in accordance with law. 8. The writ petition is allowed to the extent indicated above. No order as to costs. ______________________ R. SUBHASH REDDY, J 28th April 2010 ajr