ORDER :

1. Heard learned counsel for the petitioner and learned standing counsel for the respondents.

2. This Writ Petition is filed praying to issue a Writ of Mandamus declaring the nomination of the subordinate officer as enquiry officer to confirm the Joint Accident Committee report which was given in advance by the 1st respondent and DM/Hyd.-II prior to conclusion of the enquiry and without verifying the log-sheets of the Volvo Vehicle No. APIIZ 4200 with regards to complaints written by the Drivers for improper functioning of the breaks and without obtaining Motor Vehicle Inspector report, issuing a final order no. 01/2(9)/08-Hyd-1 dated 10.11.2008 for deferment of increment for a period of 2 years with cumulative effect as illegal and unjust.

3. The case of the petitioner, in brief, is as follows:

(a) Petitioner had been appointed as Driver in APSRTC in the year 1996 and petitioner’s services had been regularized in the year 1997.

(b) The 1st respondent issued Charge Sheet No. 01/02*9)/2008-H1 dated 10.04.2008 and also the suspension order dated 04.04.2008 along with the Joint Accident Committee report no. 01/2(9)/2008-H1 dated 10.04.2008.

(c) Explanation of the petitioner dated 05.05.2008 had not been considered and held that petitioner is responsible for the cause of accident without conducting Enquiry.

(d) The Enquiry Officer (Assistant Manager) appointed by the 1st respondent herein, is a junior and subordinate in rank to the Depot Managers and the Enquiry could not be conducted properly.

(e) While the petitioner, who was in duty and driving, was returning from Bengaluru to Hyderabad in Vehicle No. AP 11Z 4200 on 21.03.2008, while trying to avert vehicle (DCM-AP 16W 9731) that were involved in an accident, the petitioner had applied breaks but the retorder breaks which were neglected and were not functioning properly, hit the DCM (AP 16W 9731.) resulting in damages to the vehicle being driven by the petitioner.

(f) It is still not clear as to how the cleaner of the DCM succumbed to death, whether being hit by the vehicle (Lorry involved before the accident with petitioner) or due to being hit by the Respondent corporation bus.

(g) The respondent had not discussed the findings and proceedings of the final order no. 01/2(9)/08-Hyd-1 dated 10.11.2008 and held that the cleaner had succumbed to death due to petitioner’s carelessness and negligence and imposing a punishment of deferring Annual Increment for a period of 2 (Two) years with cumulative effect.

(h) Aggrieved, the petitioner preferred an Appeal to the Dy. Chief Traffic Manager R.R. Region but the Dy. Chief Traffic Manager issued proceedings no. ST/19(45)/08-Dy.CTM RR dated 20.05.2009 without giving the petitioner any fair opportunity to submit his explanation and without checking the log records, in which the drivers had passed remarks regarding the failure and non-functioning of retorder brakes.

(i) The Review petition filed by the petitioner against the said orders of 1st respondent and Dy. Chief Traffic Manager, was also arbitrarily rejected without assigning any reason. Hence the Writ Petition.

4. The case of the respondents, in brief, is as follows:

(a) Petitioner while driving the bus on 21.03.2008, had caused a fatal accident at Dhone, which resulted in death of the Cleaner of the DCM, which had already been hit by the Lorry near the Dhone bypass road and the respondent had been shifted to the Dhone Government Hospital.

(b) Senior Traffic Inspector of Dhone had gone to the accident spot and opined that the petitioner is also responsible for the death of the cleaner and even the Joint Accident Committee had opined that the petitioner drove the vehicle/bus without observing the traffic rules and taking these into consideration, the petitioner had been issued with the suspension order on 2 charges.

(c) The Explanation of the petitioner submitted on 05.05.2008 was not satisfactory and hence the Enquiry Officer had been appointed to conduct enquiry into the charges against th