HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL No.1332 of 2011 JUDGMENT: (per Hon’ble Sri Justice Ghulam Mohammed) This Writ Appeal is directed against the order, dated 15.09.2011, passed by the learned singe Judge of this Court in Writ Petition No.25703 of 2011, whereby the said Writ Petition, filed seeking to declare the impugned order therein removing the petitioner from service as illegal and arbitrary, was dismissed, leaving it open to the writ petitioner-appellant to avail the remedy under Section 2-A (2) of the Industrial Disputes Act, 1947. The brief facts of the case are as follows: - The appellant who was working as a driver in APSRTC, absented himself from duties from 12.05.2009 to 20.05.2009, i.e., for nine days. He produced sick certificate for the said period on 21.02.2009, while joining duty. But, it is his case that the Assistant Manager (P) has submitted his report, dated 27.05.2009, holding that he was unauthorisedly absent from duty for the said period, based on which, the Depot Manager issued a show cause notice of removal from service and subsequently, issued vide proceedings No.01/01 (13)/09-SKT, dated 19.12.2009, removing the appellant from service. The appellant carried the matter in appeal before the fourth respondent but was unsuccessful. The review to third respondent against the said order in appeal was also rejected. Hence, the appellant filed the said Writ Petition. Aggrieved by the order passed in the said Writ Petition, he filed the present Writ Appeal. The contention of the learned counsel for the appellant is that it is only the unauthorized absence of the appellant from service for nine days, and that too, for which he has submitted sick certificate so as to justify his absence. But, the appellate as well as the review authorities have not considered the matter in proper perspective and confirmed the order of the primary authority removing the petitioner from service. He further contended that as there is no disputed question of fact, the learned single Judge has committed an error in directing the appellant to go to the Labour Court and prayed to allow the Writ Appeal. Heard learned counsel for the appellant and perused the material available on record. In the circumstances of the case, since the petitioner has submitted sick certificate with regard to his absence from duty, the appellate authority ought to have considered the matter on proper perspective and ought to have given punishment which commensurates with the gravity of charge of unauthorized absenteeism, instead of ordering removal of the appellant from service. Further, the appellate authority has taken into account the subsequent absenteeism of the appellant also, which is not forming part of the charges. For the afore-mentioned reasons, we are of the opinion that it is appropriate to remand the matter to the appellate authority to reconsider the matter. Accordingly, the orders, dated 28.05.2010, of the fifth respondent-the Depot Manager, APSRTC, S.Kota Depot, Vizianagaram District, are set aside and the appeal preferred by the appellant-writ petitioner is restored. The third respondent i.e., the Regional Manager, Vizianagaram, is directed to reconsider the matter with regard to the quantum of punishment imposed on the appellant and then pass appropriate orders, in accordance with law, within a period of two months from the date of receipt of a copy of this order. Subject to the above directions, the Writ Appeal is allowed. There shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED 22nd December 2011 DR ___________________________________ JUSTICE NOOTY RAMAMOHANA RAO