THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.25304 of 2011 ORDER: The petitioner was functioning as Junior Assistant Personnel in the Krishna Region of APSRTC. A charge sheet was issued to him on 17.08.2006, alleging that he remained absent from 17.05.2006 till the date of charge sheet, and that he left head quarters without any permission. Since the respondents did not receive any explanation from the petitioner, an Enquiry Officer was appointed and ex parte enquiry was conducted. A show cause notice dated 27.12.2006 was issued to the petitioner and the Personnel Officer, the 2nd respondent herein passed an order, dated 05.02.2007, removing him from service. The petitioner preferred an appeal before the appellate authority stating that he did not receive any show cause notice and that he had to leave the place, on account of untimely death of his mother. He also alleged that the enquiry was ex parte in nature and the order of removal cannot be sustained in law. The Regional Manager dismissed the appeal through order, dated 11.08.2010. Aggrieved thereby, the petitioner filed a review before the Executive Director, Vijayawada. The review was allowed directing reinstatement of the petitioner into service, as a fresh candidate. The petitioner feels aggrieved by the denial of the benefit of past service. Heard learned counsel for the petitioner and learned standing counsel for the respondents. The removal of the petitioner was no doubt preceded by a departmental enquiry. However, that was ex parte on account of the fact that the petitioner left the place due to the untimely death of his mother. The petitioner availed the remedy of appeal with a delay of three years. The Regional Manager dismissed the appeal. The Executive Director entertained the review and observed that the case of the petitioner deserves to be considered, in view of the fact that appreciation letters were issued by the Corporation for the meritorious services rendered by him. However, while framing the relief, the 1st respondent ordered that the petitioner be appointed as a fresh candidate. The petitioner rendered service to the Corporation, since the year 1991 and the letters of appreciation given to him disclose the nature of his functioning. The absence on account of the untimely death of his mother should not lead to the denial of benefit of such long service. However, the petitioner cannot claim any benefit for the period during which he did not avail any remedy. Hence, the Writ Petition is partly allowed, directing that the order of removal passed against the petitioner is set aside and that he shall be reinstated into service without back wages, but with continuity of service, excluding the period between the date of removal and date of the order passed by the appellate Authority i.e. 05.02.2007 to 11.08.2010. The petitioner shall not be entitled to any monetary benefits, on account of such reinstatement. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J Dt:09.09.2011 GJ