SRI B. NEELAKANTAM, STAFF NO.465092, DRIVER, S/O. DHARMA RAJU, AGED 51 YEARS, R/O.AMBEDKAR STREET, GOKAVARAM, EAST GODAVARI DISTRICT Vs. THE CHAIRMAN

JUDGEMENT

(1.) Petitioner was working as Driver. Disciplinary proceedings were initiated against him and charge memo was issued containing two allegations. In the first charge, it was alleged that the petitioner drove the vehicle bearing No.AP 10 Z 2844 between Gokavaram Mandapet service on 16.07.2005 in a rash and negligent manner with lack of anticipation at high-way turning and hit an auto, which was coming in opposite direction resulting in the death of a passenger in the auto and two persons in the auto sustained major injuries and four persons sustained minor injuries. In the second charge, it was alleged that the petitioner drove the vehicle on the right side of road instead of left side and has not given space to the auto, which was coming in opposite direction and thus, he failed to take proper precautionary measures to avert the accident resulting in the death of a person in the auto. It was also alleged that damage was caused to the extent of Rs.300.00 to the vehicle. Domestic enquiry was conducted on the said charges. The enquiry officer recorded finding that petitioner was guilty of the charges levelled against him. Based on the findings in the domestic enquiry, disciplinary authority passed orders on 11.11.2005 removing the petitioner from service. Appeal and revision filed by petitioner were rejected. Aggrieved thereby, petitioner raised Industrial Dispute before the Industrial Tribunal-cum-Labour Court, Visakhapatnam. The Labour Court registered the dispute as I.D.No.9 of 2007. The Labour Court passed a -Nil- award on 04.11.2009. Aggrieved thereby, this writ petition is filed.

(2.) To complete the narration of facts, on the very same incident, criminal prosecution was launched against petitioner. Petitioner was accused in C.C.No.1680 of 2006 on the file of V Additional Judicial First Class Magistrate, Rajahmundry. Vide judgment dated 18.01.2010, petitioner was acquitted.

(3.) Heard learned counsel for petitioner, learned Government Pleader for Labour for respondent No.1 and Sri S.V. Ramana, learned Standing Counsel for APSRTC for respondent No.2.