IMPORTANT POINT
The court established that a flawed domestic enquiry, ignoring acquittal in criminal proceedings, can lead to reinstatement of an employee.

ORDER :

This writ petition is filed 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 Certiorari calling for the record relating to the impugned award dated 10 12 2019 made in I D No 31/2018 on the file of 2nd Respondent Industrial Tribunal cum Labour Court Visakhapatnam set aside the same as arbitrary perverse and contrary to law and consequently direct reinstatement of the petitioner into service with continuity of service all attendant benefits and full back wages in the interest of justice …”

2. The facts of the case are that the Petitioner was appointed as Driver Grade-II in the year 2006, regularized on 01.01.2010. On 03.10.2016 the Petitioner was allotted duty as TIM Driver along with T.S.S.Rao, E.752285, Co-driver on Bus No:AP31Z 0213, 12.00Hrs Visakhapatnam-Hyderabad service. When Bus reached M.G.B.S. Hyderabad at 08.00 Hrs on 04.10.2016, Co-driver was on steering and Petitioner was sleeping. All the passengers got down from the bus and when two lady passengers were demanding change, petitioner awoke from sleep. At that time the Task Force Police in civil dress boarded the bus, searched the bags and belongings of the petitioner. Co- driver and the ladies, but found nothing. It is further stated that as instructed by Task Force Police, the Petitioner and Co-driver attended the Afzalgunj Police Station, where some persons were in police custody. The Police asked the said persons to identify the Petitioner and Co-driver and one person in the custody has said that he knows the petitioner. The Petitioner was then asked to identify the said person and the petitioner replied that the person travelled in the bus from Hyderabad to Darakonda two times while the petitioner was TIM driver for the scheduled bus. Based on the version of the said person, the Station House Officer, Afzalgunj Police Station filed Criminal Case in Crime No. 506/2016 Under Sec. 8 (C) read with Sec.20 (b) (ii) (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 against the petitioner and produced before the Hon'ble Metropolitan Sessions Judge, Nampally, Hyderabad on 20.10.2016 where petitioner was enlarged on bail. Thereafter, RTC Head Constable, Visakhapatnam depot sent a report to the 1st Respondent on 04.10.2016 about the arrest of the petitioner by the Police when one of the accused persons stated that he carried ganja in the past in the bus operated by the petitioner. Inspector of Police, Afzalgunj P.S. addressed a letter to the 1st Respondent informing the Petitioner's arrest on 05.10.2016. Basing on the said reports, the petitioner was placed under suspension on 06.10.2016 and a Charge Sheet was issued alleging that petitioner transported prohibited luggage of 2 bags of ganja illegally under the spare wheel in Bus No.AP 31Z 0213, Visakhapatnam- Hyderabad Service on 03.10.2016 by accepting bribe of Rs.4,000/- from the passenger, for having involved in major & serious offence of transporting ganja in the bus for which arrested in Crime No.506/2016 U/Sec. 8(c) read 20 (b) (ii) (c) of NDPS Act, 1985 and for having tarnished the image of the Corporation. It is further stated that the Petitioner in his reply denied Charges and stated that he did not transport the ganja as alleged and as per report of RTC Head Constable dated 04.10.2016, telephonic message Outsourcing supervisor at MGBS, the deposition of Co- driver T.S.S.Rao, in the preliminary enquiry and the preliminary enquiry report dated 06.10.2016 do not reveal that Police have seized 2 bags of ganja concealed under the spare wheel of the Bus. The petitioner further stated that the Afzalgunj Police have foisted a false case with the collusion of professional smugglers who were under their custody. As per the Police Report dated 05.10.2016 all the 7 persons in their custody have travelled in the Bus operated by the petitioner on 03.10.2016 at 12 noon at Visakhapatnam and S