1 APHC010194022019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8382/2019 Between: 1. GANDI SRINU,, (STAFF NO.701600) S/O. RAMULU, AGED 44 YEARS, OCC EX.DRIVER OF RTC., R/O.GARAGAPARRU, PALAKODERU MANDAL, WEST GODAVARI DIST., ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPLE SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRCT. 2. THE ANDHRA PRADESH ROAD TRANSPORT CORPORATION, REP. BY ITS VICE CHARIAMAN AND MANGING DIRECTOR, PANDIT NEHRU BUS STAND, VIJAYAWADA. KRISHNA DISTRICT 3. THE EXECUTIVE DIRECTOR, APSRTC, VIAJAYAWADA ZONE, VIJAYAWADA. KRISHNA DISTRICT 4. THE REGIONAL MANAGER, APS RTC., WEST GODAVARI REGION, ELURU. WEST GODAVARI DIST., 5. THE DY CHIEF TRAFFIC MANAGER, WEST GODAVARI REGION, O/O. REGIONAL MANAGER, WEST GODAVARI REGION, ELURU. 6. THE DEPOT MANAGER, APSRTC, BHIMAVARAM DEPOT, BHIMAVARAM, WEST GODAVARI DIST., ...RESPONDENT(S): 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or orders, direction or directions, writ or writs particularly in the nature of 'WRIT OF MANDAMUS' or any other appropriate writ, call for the records pertaining to orders of the 5th respondent, dtd.19-09- 2015 vide No.01/292(07)/2015, and set aside as illegal, arbitrary against the provisions of under APSRTC., Employees (CC and A.,) Reg. 1967 and Service Laws consequently direct the respondents to reinstate the petitioner in to the service with full back wages and service benefits IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the 5th respondent orders passed vide No.01/292(07)/2015dt 19-09-2015, pending disposal of the main WP No. of 2019 and to pass Counsel for the Petitioner: 1. MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S): 1. VINOD KUMAR TARLADA (SC FOR APSRTC) The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8382/2019 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an order or orders, direction or directions, writ or writs particularly in the nature of 'WRIT OF MANDAMUS' or any other appropriate writ, call for the records pertaining to orders of the 5th respondent, dtd.19-09-2015 vide No.01/292(07)/2015, and set aside as illegal, arbitrary against the provisions of under APSRTC., Employees (CC and A.,) Reg. 1967 and Service Laws consequently direct the respondents to reinstate the petitioner in to the service with full back wages and service benefits…” 2. Heard Sri Manoj Kumar Bethapudi, learned Counsel for the petitioner and Sri Vinod Kumar Tarlada, learned Standing Counsel for A.P.S.R.T.C for the respondents. 3. Learned Counsel for the petitioner would submit that the petitioner herein worked as Driver in A.P.S.R.T.C. While the petitioner was driving the bus, it met with an accident in the year 2015. Unfortunately, two (2) persons died in the said accident. A crime has been registered against the petitioner for the same. In the light of the said accident, charge memo has been issued to the petitioner and the Enquiry Authority has found him guilty. The petitioner was imposed with a punishment of removal from service by the Disciplinary Authority. The petitioner preferred an appeal, which was rejected as time barred. Thereafter, the petitioner preferred review and that was also rejected. The petitioner also submitted a mercy petition which was also rejected. The representation of the petitioner is pending with the authorities and they have 4 not passed any orders. Learned Counsel would further submit that the criminal case against the petitioner has ended in acquittal. 4. Learned Standing Counsel would submit that since the mercy petition which was submitted by the petitioner to the Executive Director was rejected, the petitioner has to make a representation if any to the Executive Director who is the superior Authority to take a call over the issue of the petitioner. Learned Standing Counsel would further submit that the Court may pass appropriate orders in this matter. 5. Considering the submissions made, it is apposite to dispose of the Writ Petition giving liberty to the petitioner to submit a representation to the Executive Director of the Respondent-Corporation within a period of one (1) month from the date of receipt of copy of this order and on receipt of such representation, the respondent-authorities are directed to take appropriate decision according to Governing Rules and law. 6. In the result, the Writ Petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 04.07.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.8382 of 2019 Dated.04.07.2025 UPS 39 \