THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No. 34143 of 2011 ORDER: This writ petition is filed seeking issuance of writ of mandamus, declaring the proceedings No.02/95(98)/2008-KDR dated 15.09.2008 issued by the 4th respondent, and orders of respondent Nos.3 and 2, confirming the penalty of removal from service, as illegal, arbitrary and against principles of natural justice being violative of Articles 14 and 21 of the Constitution of India and to set aside the same and consequently declare that the petitioner is entitled for reinstatement with all back wages and other service benefits. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-Corporation. The facts of the writ petition, in brief, are: The petitioner joined service as Casual Conductor in the respondent-Corporation in the year 1992 and his services were regularized in the year 1995. On the allegation of committing some cash and ticket irregularities on 09.05.2008, while on duty, he was put under suspension on 21.05.2008, pending enquiry. The Enquiry Officer submitted a Report dated 26.07.2008, on which the petitioner submitted objections. The 4th respondent issued a Show Cause notice dated 11.08.2008 stating that the charges against the petitioner are proved beyond doubt and that removal from service is the proper punishment for him, and that the petitioner was given seven days time for personal hearing. The petitioner submitted explanation to the Show Cause notice, but the 4th respondent passed the impugned proceedings removing him from service and the period from the date of suspension to the date of removal be treated as ‘not on duty’ for all purposes. The petitioner approached respondent No.3 and 2 in appeal by submitting a detailed explanation. However, the order of removal was upheld. The petitioner states that he further approached respondent No.1 by way of filing a mercy petition, and the said petition is still pending on the file of 1st respondent. Aggrieved by the impugned proceedings whereby he was removed from service, he filed this writ petition. Learned Standing Counsel for the respondent- Corporation submits that there is an effective alternative remedy available to the petitioner under the provisions of the Industrial Disputes Act, and that instead of raising an industrial dispute before the Labour Court, the petitioner straightaway approached this Court. On the said submission, the learned counsel for the petitioner submits that he may be given liberty to approach the Labour Court. In that view of the matter, this writ petition is disposed of with a liberty to the petitioner to avail alternative remedy available to him under law. There shall be no order as to costs. __________________________ JUSTICE G. CHANDRAIAH 30th December, 2011 KSM