C NARAYANA Vs. INDUSTRIAL TRIBUNAL II

JUDGEMENT

(1.) (Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a Writ in a nature of a Certiorari or any other appropriate order of orders, direction or directions to quash the award of the 1st respondent in I.D.No.258 of 2000 dated 12-9-2001 and to direct the 2nd respondent to reinstate the petitioner with full back wages and all the other consequential with full back wages all other consequential benefits.) Heard the learned counsel for the petitioner and also Sri VTM Prasad, learned Standing Counsel appearing on behalf of the 2nd respondent.

(2.) The petitioner herein, who has been working as driver with the respondent corporation files this Writ Petition inter alia seeking to assail the award in I.D.No.258 of 2000 dated 12-9-2001 passed by the 1st respondent herein rejecting the reference made at the instance of the petitioner in regard to the orders of removal from service by the Corporation in its proceedings, dated 19-11-1997.

(3.) In this case, the petitioner, who was involved in an accident which occurred on 18-1-1997 was not only prosecuted on criminal side, but also on departmental side. On criminal side, he was initially convicted in C.C.No.140 of 1997, by judgment dated 23-7-1998 on the file of the XII Metropolitan Magistrate, Hyderabad. Thereafter, the appeal at the instance of the petitioner was allowed and the petitioner was acquitted as per the judgment in Criminal Appeal No.189 of 1998, dated 16-10-1998 on the file of the VI Additional Metropolitan Sessions Judge, Hyderabad. In the meanwhile departmental proceedings were initiated against the petitioner. Aggrieved against the said orders, the petitioner raised a dispute before the 1st respondent in I.D.No.258 of 2000, which was ultimately dismissed on 12-9-2001. From the said proceedings, initially it was held that the enquiry is vitiated. Thereafter an objection was sought to be raised to substantiate the case by producing evidence.