AVINASH SOMAKANT BHATE, M.S.LIBERHAN
A. P. S. R. T. C. – Appellant
Versus
T. VENKATAPATHI, EX-DEPOT CONTROLLER, SRIKALAHASTI – Respondent
( 1 ) THE writ petitioner was prosecuted for alleged offence of murder of his wife. The death of the wife of petitioner took place on 25th of February, 1996. The petitioner was working as Depot Controller at Srikalahasti Depot of the andhra Pradesh State Road Transport Corporation (for short the r. T. C. ). A prosecution was initiated against the petitioner after registration of crime. In the mean while the department initiated departmental proceedings on the following charge:"for having involved in a criminal case of alleged killing on 25-2-1996 which has resulted in framing criminal case against you as Crime No. 30 of 1996 under Section 302 of the Indian Penal Code (I. P. C.) by muthyalareddypalli police station which amounts misconduct under section 29 (xxxi) of A. P. S. R. T. C. Employees Conduct Regulations, 1963. "
( 2 ) THE criminal prosecution initiated against the petitioner ultimately ended in acquittal in S. C. No. 1 of 1997 before the learned IV Additional Sessions judge, Tirupathi by judgment dated 8-8-1997. The said acquittal has become final. However, the disciplinary authority in the departmental-enquiry, upon completion of the enquiry passed order
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