DEPOT MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION Vs. CHIRATHANA GANDLA VENKATESHWARA RAO

JUDGEMENT

(1.) The appellant would call in question validity of the order dtd. 2/9/2013 in W.P. No.4632 of 2007 passed by the learned single Judge, allowing the writ petition preferred by the writ petitioner/respondent No.1, setting aside the order of his removal from the post of Driver and directing his reinstatement into service together with all backwages, attendant benefits and continuity of service.

(2.) Brief facts that are necessary for the purpose of the present appeal are that the writ petitioner was appointed as a Driver in the APSRTC on 1/8/1985. On the relevant date i.e., on 3/1/2004, he was driving the bus bearing registration No.A.P.11Z-401 travelling from Visakhapatnam to Malkangiri taking over the bus at Seeleru. Alleging that the writ petitioner was in drunken state while driving the bus, departmental enquiry was initiated against him for the single charge of committing misconduct of driving the bus in an inebriated condition. In the domestic enquiry, the charge was found proved resulting in imposition of punishment of removal from service, vide order dtd. 27/4/2004. Challenging the said removal order, the writ petitioner filed I.D. No.96 of 2004 before the Industrial Tribunal-cum-Labour Court, Visakhapatnam, and the said petition was dismissed by Award dtd. 30/11/2006. Aggrieved thereby, W.P. No. 4632 of 2007 came to be filed and the learned single Judge has allowed the said writ petition on the ground that in the absence of medical evidence, the sole testimony of the witnesses cannot be relied on.

(3.) We have heard the learned counsel for the parties and perused the record.