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High Court of Andhra Pradesh · body

2025 DAILYLAW 45503 (AP)

E.Govindu, v. The Andhra Pradesh State Road Transport Corporation,

WP/19953/2018 · 2025-04-01

Venkata Jyothirmai Pratapa

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19953 OF 2018 Between: 1. E.Govindu, S/o.E.Krishnaiah, aged about 55 APSRTC Driver. Employee No.612619, Filer Depot. Chittoor District. 2. R.Venkata Ramana, S/o;dhihna Reddappa Occ. Driver, Staff No. 553816, APSRTC R/o.D.No. 877. Kakularam Panchayathi, Filer, Chittor District. 3. B.Krishnappa, S/o Chinriappa Occ Driver,Staff No. 552954, APSRTC R/o.D.No. 1-159; Filer Mandal and Post, Chittor District. 4. D.Prakash Reddy, S/o.Lakshmi Reddy, Occ Driver,Staff No. 552810, APSRTC Rio.D.No. 2/1199, Filer Mandal and Post, Chittor District. > 5. S.M.Basha, S/o. S.M.Tippu Saheb Occ Driver,Staff No. 508161, APSRTC R/o. BakaraperVillage and Post, Filer Mandal,Chittor District. 6. S.Reddappa Reddy, S/o.Nagi Reddy, Occ Driver,Staff No. 5^3809, APSRTC, vR/o.Kakularm Panchayat, Filer Mandal,Chittor District, y*: r years, Occ, post and 7. P. Ramanaiah, S/o.Chinnappa, Occ. Driver(Rtd),Staff No. 504291, APSRTC, R/o. D.NO. 2/298, Chittoor Road, Piler post and Mandal,Chittor District. * / 8. S.Rajender, S/o.Subramanyam, Occ Driver ,Staff No. 550319, APSRTC, R/o. D.NO. 32/41, Kanaka Durga Street, Murakumbattu Post,Chittor District. 9. B.Sree Ramulu, S/o.Subbaiah, Occ. Conductor(Rtd),Staff 550799, APSRTC, R/o. D.NO. 2-1174, Padmavathi Nagar, Piler post and Mandal.Chittor District. ^ No. 10. M.Prakash Babu, S/o.Srinivasulu, Occ. Driver, Staff No.554760,APSRTC, R/o.BX.Palli, Garnimitta Post Mandal, Chittoor District. / K.V.Palli ...PETITIONERS AND 1. The Andhra Pradesh State Road Transport Corporation, Represented by its Vice Chairman-Cum-Managing Director, Vijayawada, AP 2. The Director (Vigilance and Security), APSRTC, Vijayawada, A.P. 3. The Executive Director (Administration and Provisioning), APSRTC, Vijayawada, A.P. 4. The Executive Director,APSRTC, Nellore Region Nellore. 5. The Regional Manager, APSRTC, Tirupati, Chittoor District. 6. The Personnel Officer, RM Office, APSRTC, Tirupati, Chittoor District. 7. The Depot Manager APS RTC, Piler Depot, Pileru, Chittoor District 8. D.R.Naidu, S/o. Chandraiah Naidu, aged about 55 years, Staff No.507045, APSRTC , Tirupati, Chittoor District. 0. V.Narasimha Reddy, S/o.Not known Occ ADC, Staff No.502262,APSRTC, Madanapalli Depot-1, Chittoor District. V.RajaGopal, S/o.Not Known, Occ, Driver, Staff No. 502698, APSRTC, Piler Depot,Chittoor District. 10. B.Babu Naik, S/o.Not Known, Occ Tl-lll, Staff No.550617 HOD Squad, APSRTC, Madanapalli Chittoor District. 11. K.Mohana Reddy, S/o. Not Known, Occ.Junior Asst, Staff No.508281, RM Office, APSRTC, Tirupati, Chittoor Distric 12. 13. G.Subbaramaiah, S/o. Not Known, Occ. Conductor, Staff No.506017, Filer Depot. APSRTC, Chittoor District. 14. A.Yallaiah, S/o. Not Known, Occ Conductor, Staff No.504140, Piler Depot, APSRTC, Chittoor District. 15. M.Ramanaiah, S/o. Not Known, Occ.Driver, Staff No.504162, Piler Depot, APSRTC, Chittoor District. 16. B.Venkata Ramana, S/o. Not Known, Occ. Conductor, Staff No.503009, Piler Depot, APSRTC, Chittoor District. 17*. M.Thimmaiah, S/o. Not Known, Occ. Driver, Staff No.550296, Piler Depot, APSRTC, Chittoor District. 18, V.Ramana Reddy, S/o. Not Known, Occ. Junior Asst, Staff No.504523, RM Office, APSRTC, Tirupati,Chittoor District. 19: K.Prameela, S/o. Not Known, Occ. Conductor, Staff No.551977, Piler Depot, APSRTC, Chittoor District. 20. S.Habeebulla, S/O. Not Known, Occ. Mechanic, Staff No.508778,^Piler Depot, APSRTC, Chittoor District. K.Arjun, S/o. Not Known, Occ.Conductor, Staff No.550644, Tirupati Depot, APSRTC, Tirupati,Chittoor District. P.Lakshmaiah, S/o. Not Known, Occ.ADC(Retd), Staff No.502993, Piler Depot. APSRTC, Chittoor District. P.Reddappa Reddy, S/o. Not Known. Occ. Driver(Retd) Staff No.502697, Piker Depot, APSRTC, Chittoor District. 21. 22. 23. C.Yarrrappa, S/o. Not Known, Occ.Driver(Retd). St; No.508057, Piler Depot. APSRTC, Chittoor District. ^ 24. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents 1 to 8 in initiating and concluding the disciplinary proceedings against respondents 8 to 24 as being illegal, arbitrary and violative of Article 14 of Constitution of India and consequently direct the respondents 1 to 7 to take appropriate disciplinary action against the respondents 8 to 24. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents 1 to 7 to initiate disciplinary proceedings against respondents 8 to 24. Counsel for the Petitioners: SRI. M/S INDUS LAW FIRM Counsel for the Respondents No.1 to 7: SRI ARAVALA RAMA RAO(SC FOR APSRTC KKAC) Counsel for the Respondents No.8 to 24: None appeared The Court made the following Order: 7 - . APHC010430332018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] ISJS^ WEDNESDAY. THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19953/2018 Between: E.Govindu, and Others ...PETITIONER(S) AND The Andhra Pradesh State Road Transport Corporation and Others Counsel for the Petitioner(S): 1.M/S INDUS LAW FIRM Counsel for the Respondent(S): 1.ARAVALA RAMA RAO(SC FOR APSRTC KKAC) ...RESPONDENT(S) The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioners seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: " .... to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents 1 to 8 in initiating and concluding the disciplinary proceedings against respondents 8 to 24 as being illegal, arbitrary and violative of Article 14 of Constitution of India and consequently, direct the respondents 1 to 7 to take appropriate disciplinary action against the respondents 8 to 24 and to pass." 2. Brief facts of the case are that; i) Petitioners, respondents 8 to 24 and other employees of Piler Bus Depot total 467 members are formed into a Society, namely, "APSRTC Piler Depot Housing Society" and registered the Society vide Reg.No.246 of 2013. The purpose of the Society is to allot house plots to the members of the Society and all the members were paid Rs.40,000/- each for the said purpose. 2 ii) Despite lapse of two years, no steps were taken for house plot\ allotment to the members of the Society. When they approached the Registrar of Societies, it came to light that no such Society is in existence. Ill) The Complaints given by the members of the Society to the Station House Officer, Filer were not registered. Questioning the inaction, they filed a Writ Petition vide WP No.34037 of 2016 and this Court by Order dated 17.10.2016 directed the police concerned to register a case against respondents 4 to 20 therein basing on the complaint dated 29.10.2015. Subsequently, Police registered the complaint as a case in Crime No.220 of 2016 and issued FIR. IV) The members of the Society approached the Respondent-Corpora tion to take action aaainst rhe ynnffiripi rocnnn/HQr\f(7 O. nr.09.2017, Charge Memo was issued to the respondents 8,9, 11 and 18. But no action has been taken against the other respondents so far. Aggrieved by the inaction of the respondent-APSRTC in not taking any action against the unofficial the present Writ Petition is filed. respondents. 3. Heard learned counsel for the Petitioners and Sri Aravala Rama Rao, learned Standing Counsel for APSRTC appearing for respondents. Perused the material on record. 4. Learned counsel for the petitioners would submit that the unofficial respondents have cheated the petitioners as well as other members of the Society, who have contributed their amounts for allotment of house sites. Learned counsel would further submit that the petitioners have lodged complaint against respondents 8 to 24 and after completion of investigation. a criminal 3 \ / Charge sheet has been filed. Respondent-Corporation has initiated disciplinary proceedings against respondents 8 to 24 and it is still pending. The inaction of respondent authorities in not concluding the Disciplinary Proceedings is challenged in this Writ Petition. 5. Learned Standing Counsel for respondent-corporation would submit that the unofficial respondents are the office bearers of APSRTC. Disciplinary I Proceedings have initiated against some of the unofficial respondents and the said disciplinary proceedings are pending before the official respondent authorities for consideration. 6. At this juncture, learned counsel for the Petitioners would submit that the Writ Petition may be disposed of by giving a positive direction to the respondent-APSRTC to conclude the disciplinary proceedings according to law. 7. Considering the submissions and on perusal of the material on record, it is not in dispute that Petitioners have lodged a criminal case against respondents 8 to 24 and after due investigation. Police filed charge sheet against them and the case is pending for adjudication before the competent Criminal Court. That being so, the plea of the Petitioners herein is that the respondent- APSRTC did not take any action against the respondents 8 to 24, who are wrong doers. I 8. In that view, it is apposite to direct the respondent authorities to conclude the disciplinary proceedings initiated against respondents 8,9,11 and 18 according to the governing rules and law as expeditiously as possible but not more than four months from the date of receipt of a copy of this order. 4 t ■ I 9. With the above direction, the Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed... Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. / 1. The Vice Chairman-Cum-Managing Director, Andhra Pradesh State Road Transport Corporation, Vijayawada, AP 2. The Director (Vigilance apd ^ecurity), APSRTC, Vijayawada, A.P. 3. The Executive Director (Administration and APSRTC, Vijayawada, A.P. 4. The Executive Director, APSRTC, Nellore Region Nellore. 5. The Regional Manager, APSRTC, Tirupati, Chittoor District. 6' The Personnel Officer;;RM Office, APSRTC, Tirupati, Chittoor District. 7. The Depot Manager APS RTC, Piler Depot, Pileru, Chittoor District 8. One CC to SRI. M/S INDUS; FIRM, Advocate [OPUC] 9. One CC to SRI. ARAV^LA:jRAMA RAO(SC FOR APSRTC KKAC) Advocate [OPUC] 10. Three CD Copies Vna(gsg) Provisioning) T f HIGH COURT DATED:02/04/2025 \ ORDER WP.No.19953of2018 ^ 2 2SFP 2025 Current bection ^ ^ spatcvA^ " m DISPOSING OF THE WRIT PETITION WITHOUT COSTS