B. NAGABHUSHANAM Vs. REGIONAL MANAGER, APSRTC, KURNOOL

JUDGEMENT

(1.) Feeling dissatisfied with the relief granted by the respondents, who, obviously, as a grace reinstated the appellant as Conductor afresh, despite his removal in the disciplinary proceedings earlier, the latter has approached this Court by filing Writ Petition No.8722 of 2011. A learned single Judge, on considering the facts of the case in their entirety and the law applicable to it, dismissed the said Writ Petition, vide order, dated 07.8.2017. Assailing the said order, the appellant filed this Writ Appeal.

(2.) It is not in dispute that the appellant, a Conductor in A.P.State Road Transport Corporation, was arraigned as accused No.1 in a criminal case registered inter alia for the offence under Section-302 I.P.C. Following the registration of the criminal case, he was placed under suspension by order, dated 28.6.2007. A charge memo was issued framing three charges against the appellant. While charge No.1 pertains to his alleged involvement in the criminal case, charge No.2 was with respect to his alleged failure to intimate the competent authority regarding his arrest and remand to judicial custody and under charge No.3, he was alleged to have cheated the respondent-Corporation by obtaining medical directing letter from the Depot Manager's Office on 01.6.2007 along with E.D. pass, for medical treatment of himself and his wife, by hiding the real facts. In the domestic enquiry, he was found guilty of the said charges and, accordingly, the disciplinary authority passed an order on 06.2008 removing him from service. Both the Appeal and the Revision filed by the appellant ended in dismissal and thereby, the order of his removal has attained finality. Thereafter, the appellant was acquitted in the criminal case. He has filed Writ Petition No.25097 of 2010 challenging his suspension, charge sheet and the consequential orders passed by the disciplinary, appellant and revisional authorities. This Court by order, dated 28.10.2010, disposed of the said Writ Petition granting liberty to the appellant to make a representation claiming appropriate reliefs based on judgment, dated 06.4.2010, of the learned II Additional Sessions Judge, Kurnool at Adoni in Sessions Case No.46 of 2009. By his order, dated 15.3.2011, the Regional Manager of the respondent-Corporation ordered that the appellant shall be reinstated into service as fresh Conductor with immediate effect subject to the following conditions:

(3.) He shall report for duty within one week from the date of receipt of the proceedings failing which the same will be treated as cancelled."