B.LAXMA REDDY Vs. APSRTC

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India seeking a writ of certiorari and to quash the impugned proceedings dtd. 9/8/2006 in deferring two annual increments permanently besides treating the suspension period as not on duty for the purpose of wages, increments and leaves, as confirmed by the 2nd respondent in his proceedings dtd. 27/10/2009 as illegal, unjust, arbitrary and in violation of Articles 14, 16 and 21 of the Constitution of India and consequently to direct the respondents to treat the suspension period for all purposes duly restoring deferred increments along with its consequential benefits.

(2.) Brief facts leading to the filing of this writ petition are that the petitioner joined the services of the respondent Corporation as a driver in the month of September, 1990 after due process of selection. His services were regularised with effect from 1/1/1992. While the petitioner was working under the control of the 3rd respondent depot, he was suspended from service on 13/3/2006 and was issued charge-sheet dtd. 13/3/2006 alleging that while driving the vehicle bearing AP 10Z 4647 on 16/1/2006 from Kalwakurthy to Hyderabad, it met with an accident with bus bearing No.A.P. 11Z 5604 of Achampet depot came in opposite direction due to which the other driver i.e. K.R. Reddy, driver of Kalwakurthy, depot, received multiple injuries and later succumbed to injuries, which constitutes misconduct under Regulations 28(ix-b) of APSRTC Employees (Conduct) Regulations, 1963 and further that heavy damages were caused to the bus bearing No.AP 10Z 4647 due to the said accident, due to which the vehicle had to be sent for complete overhaul, which constitutes misconduct under Regulation 28(xiii) of APSRTC Employees (Conduct) Regulations, 1963.

(3.) The petitioner submitted his explanation dtd. 20/3/2006 explaining that while he was driving the vehicle bearing No.AP10Z 4647 on 16/1/2006 from Kalwakurthy to Hyderabad, the bus bearing No.AP 11Z 5604 of Achampet Depot came in opposite direction and in order to avoid hitting the scooter in front of the other bus the driver of the other bus tilted and hit the petitioner 's bus resulting in the driver of the other bus Mr. K.R.Reddy sustaining the grievous injuries while the petitioner fell unconscious. It was explained that the petitioner was not at fault and that other side vehicle driver has contributed to the accident. However, the 3rd respondent was not satisfied with the said explanation and he ordered an enquiry into the said charges.