G JANARDHAN Vs. DEPOT MANAGER

JUDGEMENT

(1.) If suspicion is allowed to take the place of proof, it may sometimes run amok in one's life. This has been amply proved in the case of the petitioner who has fallen victim of the viles of his own disgruntled step-brother and the indiscreet and inept conduct of the officials of the A.P. State Road Transport Corporation. The heart rending story of the petitioner is narrated hereunder:

(2.) In the enquiry proceedings, except recording the explanation of the petitioner, the Enquiry Officer has not summoned any witnesses. Based on certain photocopies of the purported certificates sent by the said D. Durgaiah and the alleged discrepancy in the stand taken by the petitioner between his explanation submitted to the charge sheet and his statement recorded during the enquiry, the Enquiry Officer, in his report dated 5-6-1993, held all the three charges proved. Even after receipt of the said enquiry report, respondent No. 1 has not proceeded further. Obviously after waiting for one year, the real person entered the scene. He is no other than the step-brother of the petitioner by name Gundu Gattaiah, who has submitted petition dated 23-6-1994 to the Managing Director of the Corporation wherein similar allegations were made against the petitioner. The Managing Director made an endorsement on 28-6-1994 to respondent No. 1 to enquire into the complaint. This has obviously propelled respondent No. 1 to initiate further action by issuing show cause notice dated 30-8-1994 for removal of the petitioner from service based on the enquiry report dated 5-6-1993 to which the latter submitted his explanation. However, respondent No. 1 by his proceedings dated 6-12-1996 agreed with the findings of the Enquiry Officer and removed the petitioner from service. The appeal filed by the petitioner before respondent No. 2 proved abortive with its rejection on 18-2-1997. The petitioner, thereafter, raised an industrial dispute before the Chairman, Industrial-cum-Labour Court, Godavarikhani (for short "the Labour Court") which was registered as I.D.No. 172/1999 and the same also ended in its dismissal vide award dated 7-5-2001. Feeling aggrieved by these orders, the petitioner filed this Writ Petition.

(3.) I have extensively heard the learned counsel for the parties and perused the record. During the course of hearing, the petitioner filed WPMP No. 29850/2012 to receive a certified copy of the final report dated 31-12-1996 of the Sub-Inspector of Police, Karimnagar I-Town Police Station in F.I.R. No. 93/1994 dated 20-7-1994 registered on the complaint of Gundu Gattaiah against the petitioner. On 2-8-2012, upon considering the contents of the said report and the facts in detail, this Court expressed its prima facie view that the order of removal of the petitioner from service cannot be sustained. Thereupon, Sri K. Srinivasa Rao, learned Standing Counsel for the Corporation, who has also perused the said final report filed in the criminal case, requested the Court for an adjournment with liberty to the Corporation to reconsider the petitioner's case in the light of the available evidence. The case was accordingly adjourned.