APHC010622432012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 40081/2012 Between:

1.J. SUBBAIAH, E-551528, A.P.S.R.T.C.,DRIVER,, S/O. PEDDAIAH, 43 YRS, MADANAPALLI-I DEPOT, RIO. MADANAPALLI, CHITTOOR DISTRICT. ...PETITIONER AND

1.THE APSRTC REP BY ITS VICE CHAIRMAN, MANAGING DIRECTOR, MUSHEERABAD, HYDERABAD.

2.THE REGIONAL MANAGER APSRTC, CHITTOR REGION, AT TIRUPATHI, CHITTOOR DISTRICT.

3.THE DY CHIEF TRAFFIC MANAGER APSRTC, CHITTOOR REGION, CHITTOOR, CHITTOR DISTRICT.

4.THE DEPOT MANAGER APSRTC MADANAPALLII DEPOT CHITTOOR DIST. ...RESPONDENT(S)

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 4th respondent in Removing the petitioner from service vide Proc: M1/2(13)2009-MPL-I, Dt 30-3-2010, which was modified by the 3td respondent by ordering reinstatement and imposing the punishment of reduction of basic pay by 2 incremental stages besides treating the suspension period as not on duty vide Proc. No: PA/19 (98)/2010- Dy.CTM (C), Dt 26-4-2010, which was confirmed by the RM on 17-9-2012, without considering the Acquittal order as high handed and arbitrary action, contrary to APSRTC Regulations, contrary to the circular instructions and as such liable to be set aside in the interest of justice. with a consequential direction to the respondents herein to extend all the benefits for the removal period forthwith IA NO: 1 OF 2012(WPMP 50877 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date of hearing of the W.P.

Counsel for the Petitioner:

1.S M SUBHAN Counsel for the Respondent(S):

1.ARAVALA RAMA RAO(SC FOR APSRTC KKAC)

The Court made the following:

THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.40081 OF 2012

ORDER:

1. The learned counsel for the petitioner submits that the petitioner was engaged as a Driver in the respondent-Corporation in the year 1996. It is submitted that the petitioner was removed from service vide order dated 30.03.2010 on the allegation of having caused a fatal accident. A departmental enquiry was conducted, pursuant to which the disciplinary authority passed the order dated 30.03.2010 removing the petitioner from service.

2. The petitioner filed an appeal before the appellate authority, and the appellate authority, by order dated 26.04.2010, set aside the order of removal and directed reinstatement of the petitioner, while imposing the punishment of reduction of two increments for a period of two years, which could have an effect on his future increments. The learned counsel for the petitioner submits that the CC.No.452 of 2009 was tried by the First Additional Judicial Magistrate of First Class, Madanapalli, for the offence under Section 304-A of Indian Penal Code, and that the petitioner was acquitted vide judgment dated 08.02.2012. The reduction of basic pay for a period of two years with cumulative effect amounts to a major punishment, which could not have been imposed without framing of charges and without conducting enquiry.

3. The learned standing counsel for the respondent/corporation submits that the appellate authority has considered the case of the petitioner on humanitarian grounds and directed reinstatement. It is further submitted that the appellate authority has passed a reasoned order, and that the acquittal of the petitioner in the criminal case cannot be considered as an absolute ground for absolving the petitioner of all the charges leveled against him. It is also submitted that the petitioner filed a review after a lapse of two and a half years from the date of appellate