1 APHC010486492018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22855/2018 Between: K.n. Murty ...PETITIONER AND The Andhra Pradesh State Road Transport Corporation and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. S M SUBHAN Counsel for the Respondent(S): 1. VINOD KUMAR TARLADA (SC FOR APSRTC) 2. . The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…..to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 3rd respondent herein in imposing the punishment of withholding of the petitioner annual increment for a 2 period of 2 years with cumulative effect and treating the period of suspension as not on duty is bad arbitrary illegal by setting aside the punishment in Final Order No. 01/292(3)/2014-BVRM dt. 13-03-2015 of the 3rd respondent herein and consequential Proc. dt. 31-08-2017 of 2nd respondent herein and direct the respondents to restore the pay of the petitioner and treat the suspension period as on duty and pass such other or orders……” 2. Heard Sri S.M.Subhan, learned counsel for the petitioner and Sri Vinod Kumar Tarlada, learned Standing Counsel for APSRTC, appearing for the respondents. 3. Learned counsel for the petitioner would submit that the petitioner was awarded punishment of withholding the annual increment for a period of two years with cumulative effect and treating the period of suspension as not on duty, basing on the enquiry ordered by the respondent Corporation relating to an accident occurred during the course of employment, as Driver. Learned counsel would further submit that subsequently a criminal case which is lodged against the petitioner for the offence punishable under Section 304A IPC was ended in acquittal with a finding that he is not contributed his negligence for causing the death of a person. In that view, learned counsel would submit that permission may be accorded to the petitioner to submit his representation to the Corporation to consider his case by setting aside the punishment and restore the pay of the petitioner. 3 4. Learned Standing Counsel would submit that Court may pass appropriate orders regarding the plea of the petitioner to make such representation to the Corporation. 5. As can be seen from the downloaded copy of the Judgment dated 17.12.2015 passed in C.C.No.54 of 2015 on the file of learned I Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimavaram, there is a clear finding to the effect that the RTC bus was coming on left side and there were pits and uneven road for the place of accident. The motor cycle might skid due to rain and fall into uneven road and prosecution has failed to establish that rash and negligent manner of driving on the part of the petitioner at the time of accident. 6. Considering the submissions made and also in the light of the findings of learned I Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimavaram in C.C.No.54 of 2015, it is apposite to dispose of the present writ petition giving liberty to the petitioner to make a representation to the Corporation to consider his plea to set aside the punishment which is awarded and restore his pay. 7. In the result, the Writ Petition is disposed of. The petitioner is at liberty to submit his representation to the respondent Corporation within a period of one month from this day. On receipt of such representation, the respondent Corporation is directed to consider the representation and pass appropriate 4 orders keeping in mind the findings of the criminal Court in C.C.No.54 of 2015, in accordance with law, within a period of two (02) months from the date of receipt of copy of the representation. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 16.06.2025 ARR 5 171 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22855/2018 Dt.16.06.2025 ARR