Andhra Pradesh High Court - Amravati
G. Sree Ramulu vs Andhra Pradesh State Road Transport ... on 1 August, 2024
APHC010517052021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
THURSDAY ,THE FIRST DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 30964/2021
Between:
G. Sree Ramulu and Others ...PETITIONER(S)
AND
Andhra Pradesh State Road Transport Corporation and ...RESPONDENT(S)
Others
Counsel for the Petitioner(S):
1. P GOVINDA RAJULU
Counsel for the Respondent(S):
1. N SRIHARI ( SC FOR APSRTC )
The Court made the following Order:
This Writ Petition is filed, under Article 226 of the Constitution of
India, seeking the following relief:
".... to issue writ, order or directions more in the nature
of Writ of Mandamus declaring the proceedings No.PA/19(122)/
2016-ED-KZ, dated 25-11-2016 of the 2nd respondent in denying
the continuity of service with all attendant benefits as illegal,
arbitrary and contrary to APSRTC (CC & A) Regulations and
Judgments of this Honble court and set aside the same in so for
against to the petitioner and further direct the respondents to
grant continuity of service with all consequential service benefits
including attendant benefits and full back wages...."
2. The facts of the case are that the petitioner was initially appointed as
Driver in the 2nd respondent Zone and at present working at 4th respondent
depot. The Depot Manager issued charge sheet with two charges on the
allegation that, the petitioner was involved in fatal accident case, while driving
the bus on 05.04.2016 from Vijayawada to Dhone at about 15:00hours near
Yellammagudi at Venkayapalli village. The 3rd respondent, nominated an
enquiry officer to conduct enquiry into the alleged charges and by proceedings
dated 13.07.2016, terminated the petitioner from service and the same was
confirmed in Appeal and Revision. Hence, the petitioner filed a petition dated
13.10.2016 before the 2nd respondent with a request to reinstate the petitioner
with all benefits. The 2nd respondent considered the same by proceedings
No.PA/19(122)/2016-ED-KZ, dated 25.11.2016, but while granting relief,
ordered reinstatement as afresh driver. Aggrieved by the same, the present
writ petition has been filed.
3. The respondents filed counter affidavit denying all the allegations made
in the petition. It is further stated that the petitioner was involved in a fatal
accident case, while driving the vehicle No.AP21Z0587 on route Vijayawada
to Dhone, due to lack of anticipation, which leaded to death of pedestrain, who
is crossing the road, and also caused heavy damages to the vehicle estimated
to a tune of Rs.20,152/-. Basing on the same, charge sheet issued to the
petitioner vide No.O1/2(3)/2016-DHN, dated 13.07.2016. The explanation
submitted by the petitioner is not convincing. Hence, the case was entrusted
to enquiry officer. The Enquiry Officer enquired the matter and submitted his
report stating that charges levelled against the petitioner were proved. Hence,
show cause notice for removal was issued to the petitioner on 13.07.2016 duly
calling for comments/objections on the enquiry report. After the explanation,
the disciplinary authority found that there were no worthy points. Therefore,
the Depot Manager ordered for removal of petitioner from service dated
13.07.2016. The Appeal and Review Petitions were rejected by Deputy Chief
Traffic Manager, Kurnool and Regional Manager, Kurnool. The Executive
Director, Kadapa considered his appeal and reinstated into the service as
afresh driver and as a measure of punishment, ordered that the petitioner
should pay fresh security deposit, the petitioner shall be directed for Medical
Examination to assess his Medical Fitness, the petitioner shall be directed for
training and the petitioner must be in possession of Valid Driving License.
4. Heard Mr.P.Govinda Rajulu, learned counsel for the petitioner and
Mr.K.Viswanatham, learned Standing Counsel appeared in place of
Mr.N.Srihari, learned Standing Counsel for APSRTC appearing for the
respondents.
5. On hearing, learned counsel for the petitioner submits that there is no
such provision in APSRTC Employees (CC & A) Regulations, 1967 to impose
punishment as appointment as a afresh candidate, the 2nd respondent herein
contrary to the APSRTC (CC & A) Regulations and contrary to orders of this
Court, appointed the petitioner as afresh driver, instead of reinstatement with
continuity of service with all attendant benefits. He further submits that, in
similar case, this Court in W.P.No.15558 of 2020 has set aside the order of
the 2nd respondent and remanded back the matter to the 2nd respondent
authority to take appropriate decision and impose punishment than that of
removal, in accordance with the regulations of the corporation. Therefore,
learned counsel requests this Court to pass similar orders as in the above said
writ petition.
6. Learned Standing Counsel appearing for the respondents submits that
in similar cases, the erstwhile Division Bench of High Court in W.P.No.37079
of 2015 clearly indicated that once the petitioner is appointed as a fresh
conductor/driver on humanitarian grounds, the question of past service does
not arise. Therefore, learned Standing Counsel prays to dismiss the writ
petition.
7. On considering the submissions of both the counsel and upon perusing
the material on record, this Court is of the opinion that, the impugned order
passed by the reviewing authority is liable to be set aside.
8. Accordingly, the Writ Petition is disposed of, setting aside the impugned
proceedings vide No.PA/19(122)/2016-ED-KZ, dated 25.11.2016 passed by
the 2nd respondent and the matter is remanded back to the reviewing authority
to take appropriate decision and impose punishment than that of removal, in
accordance with the Regulations of the Corporation, within a period of four (4)
weeks from the date of receipt of a copy of this order.
There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand
closed.
__________________________
Dr. K. MANMADHA RAO, J
BMS
