R. SHANKARAIAH Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The unsuccessful petitioner in W.P.No.283 of 2004 is the appellant before us. The appellant/writ petitioner, while working as a Driver in the A.P. State Road Transport Corporation (for short, 'APSRTC') in Vakadu Depot, the bus bearing No.AP-09-Z-5322 driven by him involved in a head-on-collision with another RTC bus bearing No.AP-10-Z-4731 resulting in death of one lady passenger and injuries to 20 passengers and 3 crew members besides heavy damage to both the vehicles. Pursuant thereto, he was charge-sheeted alleging that the said accident was caused on account of his driving the vehicle without precaution and lack of anticipation at a left turn of the road and that the same constitutes misconduct under Regulation 28 (ix) (a) of APSRTC Conduct Regulations, 1963. After due enquiry, the above said charge was held proved by the enquiry officer and accepting the said report, the Depot Manager, APSRTC, Vakadu Depot, who is the disciplinary authority, by order dated 5.4.2002 imposed the penalty of removal from service with immediate effect. The appeal preferred by the writ petitioner against the said order was dismissed by the Divisional Manager, APSRTC, Gudur/Appellate Authority, by order dated 15.12.2003. Aggrieved by the same, the petitioner approached this Court by filing W.P.No.283 of 2004 which was dismissed by a learned Single Judge by order dated 17.12.2009. Hence the present appeal.

(2.) We have heard Sri D. Arun Kumar, advocate, who is appointed as Amicus Curiae to appear on behalf of the appellant/writ petitioner as well as Sri Mahender Reddy, the learned counsel representing Smt. Sarala Reddy, Standing Counsel for the APSRTC.

(3.) At the outset, it may be mentioned that in the said accident the writ petitioner, who was driving the bus bearing No.5322 was also injured and he lost his leg.