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1998 Supreme(AP) 891

S.R.NAYAK
T. VENKATAPATHI – Appellant
Versus
A. P. State Road Transport Corporation, HYDERABAD – Respondent


S. R. NAYAK, J.

( 1 ) THE petitioner while serving as Controller at the A. P. S. R. T. C. Srikalahasti depot, was placed under suspension on 15-5-1996 pending departmental enquiry, on the following charge:"for having involved in a criminal case of alleged killing on 25-2-96 which has resulted in framing criminal case against you as Crime No. 30/96 under Section 302 IPC by Muthyalareddypalli Police Station which amounts misconduct under Section 28 (xxxi) of APSRTC Employees conduct Regulations, 1963. "simultaneously the petitioner was prosecuted for the alleged offence under section 302 I. P. C. in S. C. No. 1/97 in the Court of the IV Addl. Sessions Judge, tirupathi. After due trial, the petitioner was acquitted by the judgment and order of the learned IV Addl. Sessions judge, Tirupathi dt. 8-8-1997, and the said judgment and order have become final.

( 2 ) IN the meanwhile, departmental enquiry against the petitioner was alsoconducted and the disciplinary authority, namely, the Depot Manager, srikalahasti by his proceedings dt. 28-11-1996 removed the petitioner from service as a disciplinary measure. The petitioner being aggrieved by the said order of the disciplinary authority pref



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