LAWS(APH)-2007-7-24

DEPOT MANAGER APSRTC Vs. MOHD GHANI

Decided On July 18, 2007
DEPOT MANAGER, APSRTC, KARIMNAGAR-I DEPOT Appellant
V/S
MOHD.GHANI Respondents

JUDGEMENT

(1.) This writ petition is filed for a writ of certiorari to quash the award dated 27.6.2000 of the Labour Court, Godavarikhani in I.D.No.33 of 1995 whereby it directed reinstatement of respondent No.1 as Conductor in Andhra Pradesh State Road Transport Corporation (for short 'the Corporation').

(2.) The 1st respondent was appointed as a Driver in the Corporation on 1.7.1986. While performing his duty on the route Karimnagar to Bombay on 22.4.1994, he was involved in an incident, which has lead to initiation of departmental proceedings against him. After a preliminary enquiry, a charge sheet dated 24.3.1994 was served on the 1st respondent wherein two charges were framed which read as under:

(3.) As the petitioner's explanation offered to the charge sheet was not satisfactory, a detailed enquiry was conducted. The enquiry officer submitted his report wherein both the charges levelled against respondent No.1 were held proved. The Depot Manager of Karimnagar-I depot, the petitioner herein, after considering the enquiry report and the material available before him imposed the penalty of removing the respondent No.1 from service vide his order dated 25.7.1994. After being unsuccessful in appeal preferred by him before the appellate authority and in the review before the Regional Manager, respondent No.1 raised industrial dispute which was registered as I.D.No.33 of 1995 before the Labour Court.