BAKER ALI Vs. REGIONAL MANAGER APSRTC NIZAMABAD

JUDGEMENT

(1.) THIS writ petition is filed for a writ of mandamus to set aside the order of respondent No. l to the extent he imposed the punishment of postponing the petitioner's annual increments for a period of two years having effect on future increments, while modifying the order passed by respondent No. 3 and confirmed by respondent No. 2. By the impugned proceedings, respondent No. l also treated the interregnum period between the date of removal from service and the date of reinstatement as "not on duty" and denying the petitioner backwages for the said period.

(2.) THE petitioner, who is a driver of the Andhra Pradesh State Road Transport corporation (for short "the Corporation"), was entrusted with the duty of driving the bus bearing No. AP 9z 1718 between the route Kamareddy and Karimnagar on 29. 5. 1992 (wrongly typed as 1995 in Para 3 of the affidavit ). While driving, a cyclist was hit by the vehicle resulting in his instantaneous death. This incident led to framing of two charges against the petitioner, which for convenience are extracted hereunder:

(3.) THE enquiry officer after conducting enquiry submitted his report finding the petitioner guilty of both the charges. Accepting the said enquiry report, respondent no. 3 issued proceedings dated 15. 9. 1992 whereby he removed the petitioner from service. This order was confirmed in appeal by respondent No. 2 by his order dated 31. 1. 1993. On the review filed by the petitioner to respondent No. l, he modified the aforementioned two orders by his order dated 26. 3. 1996. As already noted above, the penalty of removal was modified and it is this order, to the extent it is adverse to the petitioner, which is assailed in this writ petition.