THE HON’BLE SRI JUSTI CE NAMAVARAPU RAJESHWAR RAO WRI T PETI TI ON No.30659 OF 2017

ORDER:

The present Writ Petition is filed by the petitioner – Regional Manager / Andhra Pradesh State Road Transport Corporation (APSRTC) – seeking issuance of a writ, order, or direction, more particularly one in the nature of a Writ of Certiorari, calling for the records pertaining to I.D.No.10 of 2010, dated 15.02.2016, on the file of the learned Industrial Tribunal at Warangal, as published in G.O.Rt.No.326, dated 27.04.2016, and to set aside the same as illegal and arbitrary.

2. Heard Sri Panakanti Satish Kumar, learned Standing Counsel for TGSRTC, appearing for the petitioner, and Sri A.K. Jayaprakash Rao, learned counsel appearing for the respondent. Perused the material on record.

3. Brief facts of the case are as follows:

(a) The respondent – D.H. Ramulu, E.327004, Driver of Bhadrachalam Depot, while driving Vehicle No.AP11Z-658 on 20.02.2004 with TIMs on the Bhadrachalam–Hyderabad route, unauthorisedly allowed a passenger to drive the vehicle from Suryapeta to Hyderabad. Further, the driver misbehaved with a lady passenger who boarded the bus at Palvancha and was travelling to Hyderabad on the same day while he was performing TIMs duty. In this connection, a passenger named K. Venkateswara Rao, resident of Tadepalligudem, lodged a complaint on 16.03.2004. The Assistant Manager (T), Bhadrachalam, conducted a preliminary enquiry and submitted his report on 18.03.2004. Based on the passenger’s complaint and the preliminary enquiry report, the Depot Manager, Bhadrachalam, issued a charge-sheet to the driver enumerating the following charges:

(i) For having given vehicle No.AP11Z-658 while operating with TIM Service on route Bhadrachalam–Hyderabad to a passenger for driving from Suryapeta–Hyderabad on 20.02.2004 unauthorizedly, which shows carelessness and gross negligence while on duty, constituting misconduct under Regulation 28(ix)(a) of the APSRTC Employees (Conduct)

Regulations, 1963.

(ii) For having misbehaved with a lady passenger who boarded the bus at Palavancha bound for Hyderabad while performing the TIM Service on 20.02.2004, which caused inconvenience to the travelling public and tarnished the image of the Corporation, constituting misconduct under Regulation 28(xxi) and (xxxii) of the APSRTC Employees (Conduct) Regulations, 1963.

(b) The respondent submitted his explanation to the said charge sheet on 02.04.2004. After going through the explanation, along with the available evidence and circumstances of the case, and as per the principles of natural justice, the Depot Manager, Bhadrachalam, assigned the case to the Assistant Manager (T) (Enquiries), R.M. Office, Khammam on 05.04.2004 to conduct a detailed enquiry. Accordingly, the Assistant Manager (T) (Enquiries) conducted a detailed enquiry and submitted the enquiry report to the Depot Manager, Bhadrachalam on 17.07.2004. Based on the enquiry report and the entire evidence on record, the Depot Manager, Bhadrachalam imposed the punishment of reduction of pay by two incremental stages for a period of two years, which shall have its effect on his future increments, besides treating the suspension period as “NOT ON DUTY”.

(c) Aggrieved by the punishment imposed by Depot Manager, Bhadrachalam, the respondent preferred an appeal before the Divisional Manager, Khammam, which was rejected as time-barred on 30.03.2005. Thereafter, the respondent filed a review petition before the Regional Manager, Khammam, who, in proceedings dated 06.09.2005, modified the said punishment to deferment of annual increment for two years with cumulative effect, without arrears, noting that there was scope for showing sympathy as the complainant, Sri K. Murali Krishna, did not appear during the enquiry.

(d) Thereafter, in 2009, the respondent raised an industrial dispute, and the Joint Commissioner of Labour, Warangal, by proceedings No.C1/3508/2009 dated 07.12.2009, referred the following point of dispute to