1. The removal of the petitioner from service as a Driver by the first respondent through orders dated 27.04.2004 was challenged by the petitioner before the Industrial Tribunal-cum-Labour Court, Visakhapatnam through I.D.No.96 of 2004. I.D.No.96 of 2004 was dismissed on 30.11.2006. Questioning the same, this writ of certiorari is laid by the petitioner.

2. The petitioner was the subject of a very grave charge of driving a passenger bus in an alcoholic condition. The petitioner denies the same. The management asserts the same, found him guilty and removed him from service.

3. The petitioner was appointed as a Driver by the A.P.S.R.T.C on 01.08.1985. On 03.01.2004, he was driver of bus bearing registration No.A.P.11Z 401 traveling from Visakhapatnam to Malkangiri taking over the bus at Seeleru. Contending that the petitioner was in a drunken state, action was initiated against the petitioner. Departmental enquiry was held for the single charge of committing misconduct of driving the bus in an intoxicated condition. The charge was considered to have been proved resulting in the removal of the petitioner from service.

4. The learned counsel for the petitioner contended that