V N RAO (SINCE DIED) Vs. APSRTC

JUDGEMENT

(1.) THIS Writ Appeal by the unsuccessful writ petitioner is directed against the orders dated 05.09.2006 made in the Writ Petition No.5589 of 2006.

(2.) THE introductory facts, in brief, are as under:

(3.) SRI Kowturu Vinay Kumar, learned counsel for the appellant submits that the charges levelled against the deceased appellant in the criminal case as well as in the disciplinary proceedings are one and the same and that the deceased appellant was acquitted in the criminal case, by a judgment dated 20.08.1997 passed by the learned Sessions Judge, Krishna at Machilipatnam in Criminal Appeal No.108 of 1994, and that the learned Single Judge ought to have appreciated the subsequent events and allowed the writ petition. He submits that the delay in filing the writ petition was properly explained and that the subsequent events in regard to the acquittal recorded in his favour by the criminal Court ought to have been taken into account. It is urged that the learned Single Judge did not appreciate the vital aspect that the finding of acquittal that was recorded in favour of the writ petitioner in the criminal appeal was not considered by the Deputy Chief Traffic Manager and the Regional Manager, in the appeal and review proceedings.