APSRTC Vs. SYED MEER

JUDGEMENT

(1.) The deceased -1st respondent was employed as Driver in APSRTC in the year 1974. On 07.11.1997, he was entrusted with the duty to drive the service between Nirmal and Kinwath. On the return journey, when the bus stopped at Boath Bus Stand, a passenger complained to the police, alleging that the 1st respondent was in a drunken condition. It is stated that he was taken to the nearby hospital and on finding that he was in a drunken condition, Crime No.31 of 1997 under Section 185 of the Motor Vehicles Act, was registered. The case came to be tried as C.C.No.95 of 1997 by the Court of Judicial First Class Magistrate, Boath.

(2.) DEPARTMENTAL proceedings were initiated against the 1st respondent alleging acts of misconduct. Charge sheet was issued on 08.05.1997 and since the 1st respondent filed an explanation denying the charges, departmental enquiry was conducted. In his report, dated 25.07.1997, the Enquiry Officer held that the charges framed against the 1st respondent, are proved. Taking the report into account, the competent authority i.e. the appellant, passed an order, dated 22.10.1997, removing the petitioner from service. After exhausting the departmental remedies, the 1st respondent filed I.D.No.39 of 1998 before the Industrial Tribunal -cum -Labour Court, Godavarikhani. Through its award, dated 02.03.2001, the Labour Court refused to grant any relief to the 1st respondent.

(3.) HEARD Sri K. Srinivasa Rao, learned counsel for the appellant, and Sri P.Govinda Rajulu, learned counsel for the respondents.