M. SEETHARAMA MURTI, J.

1. The petitioner workman filed this writ petition, under Article 227 of the Constitution of India, to declare the final order, dated 10.10.1998, in Proceedings No. 01/2(6)/98-DM:BNS issued by the respondent as illegal, and arbitrary and set the same aside and grant the consequential benefits including arrears.

2. I have heard the submissions of Sri S.A.K. Mynuddin, learned Counsel appearing for the petitioner and of Sri A. Ravi Babu, learned Standing Counsel for the respondent-APSRTC (now TSRTC). I have perused the material record.

3. To begin with, it is appropriate to refer to the charge formulated against the petitioner, which reads thus:

For having driven the Vehicle No. AP 9Z 1517 in a rash and negligent manner without taking any precautionary measures while parking the vehicle on platform due to which one passenger who is waiting at Bus Station Bhainsa as a result of which injuries caused to the passenger at about 20.00 hours on 13.4.1998 while performing 12.00 hours Kubeer (S) service, which is a serious misconduct in terms of Reg. 28(ix) of APSRTC Employees (Conduct) Reg., 1963.

The penalty that was imposed without conducting a domestic enquiry re