K KKARUNAKAR Vs. APSRTC

JUDGEMENT

(1.) This writ petition raises a question of general importance, in the field of adjudication, under the Industrial Disputes Act (for short 'the Act').

(2.) The petitioner is employed as a Driver in the A.P.S.RT.C. On 15-5-1997, he was entrusted with the duty of driving a Bus, on the route from Hyderabad to Amarachinta. At 11:15 p.m., on that day, an accident took place, involving the Bus, driven by the petitioner, and a bullock cart; resulting the death of one person and a bullock. Disciplinary proceedings were initiated against the petitioner, by the Corporation. Simultaneously, the petitioner was tried for an offence under Section 304-A of I.P.C.

(3.) In the departmental enquiry, petitioner was found guilty of misconduct. The 3rd respondent passed an order dated 27-10-1997, removing the petitioner from service. Aggrieved thereby, the petitioner preferred an appeal before the 2nd respondent. On 12-12-1997, the 2nd respondent allowed the appeal, in part; set aside the order of removal, and directed re- appointment of the petitioner, as a fresh candidate. Review filed by the petitioner before the 1st respondent was rejected.