HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.16213 of 2011 ORDER: This writ petition is filed for a writ of Mandamus to declare the action of respondent No.4 in terminating the petitioner’s services without holding enquiry as illegal and arbitrary. The petitioner was appointed as a driver in the respondent-Corporation on contract basis in Mahaboobnagar region. On the alleged ground that he absented from duty unauthorisedly, his services were terminated vide order dated 06.10.2008 passed by respondent No.4. Hence, the petitioner filed the present writ petition. Sri S.M.Subhan, learned counsel for the petitioner, submitted that the termination of the petitioner’s services on the alleged ground of unauthorized absence without holding enquiry is illegal. The learned counsel further submitted that the appellate order stigmatized the petitioner by attributing waylaying and robbery to him as a reason for his unauthorized absence. The learned counsel placed reliance on Circular No.PD-05/2009 dated 23-02-2009 issued by the Vice-Chairman and Managing Director of respondent No.1-Corporation. Learned Standing Counsel for the respondents, submitted that as the petitioner was a temporary driver and no stigma was attached, termination of his services for unauthorized absence cannot be termed as illegal. As noted above, the ground of termination of the petitioner’s services was unauthorized absenteeism. The very allegation of unauthorized absence itself casts stigma to the workman. In addition to that the appellate authority categorically held that the petitioner was arrested and sent to remand in connection with the criminal case of waylaying and committing robbery. Admittedly, no enquiry was held and no opportunity was afforded to the petitioner to rebut the allegation of unauthorized absence. The Circular referred to above reads as under- “Instances have come to notice that the contract crew whose contract is terminated due to their involvement in absenteeism, accident/C&T irregularity cases are approaching the Courts and the Courts are pronouncing judgments that whenever stigma, like involvement in accident, cash and ticket irregularities and other serious misconducts, is attached, a detailed enquiry has to be conducted and further action has to be taken.” Having issued the Circular providing for a detailed enquiry, there is no justification to terminate the petitioner’s services without holding such enquiry. If the petitioner is able to satisfy the respondents that his absence was due to proper reasons, his absence cannot be treated as unauthorized absence warranting his removal. In this view of the matter, the writ petition is allowed. The impugned orders are quashed. The petitioner shall be reinstated into service with liberty to the respondents to hold a regular departmental enquiry. As a sequel to disposal of main petition, WPMP No.19437 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. ___________________ JUSTICE K.C.BHANU 15th June 2011 dr