G.T.NANAVATI, K.RAMASWAMY, K.VENKATASWAMI
Depot Manager, A. P. State Road Transport Corporation – Appellant
Versus
Mohd. Yousuf Miya – Respondent
ORDER
1. Leave granted.
2. We have heard learned counsel on both sides.
3. The facts in appeal arising out of SLP (C) No. 16342 of 1996 are sufficient for disposal of the common controversy raised in these cases.
4. This appeal by special leave arises from the judgment of the Division Bench of the Andhra Pradesh High Court, made on 18-6-1996 in WP No. 612 of 1996. The appellants had initiated disciplinary proceedings against the respondent on the imputation that on 15-9-1995 while driving the Corporations double-decker vehicle near Gandhi Hospital in Hyderabad City, due to lack of anticipation, he had caused an accident in which a cyclist died. Consequently, action was initiated for misconduct and enquiry was ordered for misconduct under Rule 28(ix) of the Employees Conduct Rules, 1963. It would appear that prosecution has been launched by the police for an offence punishable under Section 304, Part II, IPC and in some cases under Section 338 IPC and they are pending trial. Therefore, the respondents filed writ petition in the High Court for stay of the departmental proceedings. The learned Single Judge stayed the proceedings. On appeal, the Division Bench confirmed the same. Thus,
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