REGIONAL MANAGER, MEDAK REGION, TSRTC Vs. P.JANARDHAN

JUDGEMENT

(1.) This Writ Appeal is filed aggrieved by the order, dtd. 5/10/2023, passed in W.P.No.5394 of 2010 by a learned Single Judge of this Court.

(2.) Heard Sri A. Srinivas Reddy, learned Standing Counsel for TSRTC, appearing for the appellants and Sri V. Narasimha Goud, learned counsel for the respondent.

(3.) Learned Standing Counsel appearing for the appellants had contended that the respondent was appointed as a Driver with the appellants during the year 1997. On 29/4/2000, while the respondent was driving the bus, he was involved in a fatal accident, resulting in the death of an eight years old girl. The disciplinary authority, construing the same as misconduct, initiated departmental proceedings against the respondent and for the proven misconduct, has imposed the punishment of removal from service on the respondent vide proceedings, dtd. 9/2/2001. A criminal case i.e. C.C.No.393 of 2000 on the file of learned Judicial Magistrate of First Class, Andole at Jogipet, was also registered against the respondent and the learned Magistrate has convicted the respondent and sentenced him to suffer imprisonment for six months. Aggrieved by the same, the respondent has preferred Criminal Appeal No.26 of 2002 on the file of learned III Additional Sessions Judge (FTC), Medak, and the appellate Court has acquitted the respondent on the ground of benefit of doubt vide judgment, dtd. 20/2/2004. After acquittal in the criminal case, the respondent has submitted a review petition to review the removal order. Even before the review petition could be adjudicated, the respondent has approached the Labour Court-II, Hyderabad, by filing I.D.No.132 of 2004, under Sec. 2A(2) of the Industrial Disputes Act, 1947 (for short, 'the Act'), and the Labour Court vide Award, dtd. 16/11/2006, was pleased to set aside the order of removal, dtd. 9/2/2001, and directed the appellants to reinstate the respondent into service with continuity of service, however, without back-wages.