kNO IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14666 OF 2018 AMARAVAW< % IH * Between: 1. The Depot Manager, Andhra Pradesh State Road Transoort Corporation, Chittoor -I Depot, Ghittoor District. ^ 2. The Deputy Chief Traffic Manager, Andhra Transport Corporation, Tirupati, Chittoor District. 3. The Regional Manager, Andhra Pradesh Corporation, Tirupati, Chittoor District. Pradesh State Road State Road Transport ...Petitioners AND Oc? Driver'^ ^4 Years, ...Respondents Petition under Articie 226 of the Constitution of India praying that in the circumstances stated in the affidavit fiied therewith, the High Court be pleased to issue may more particularly records relating to the 18.06.2015 on the file of the Anantapuramu held that workman service with continuity of service and with all as illegal arbitrary and quash the an appropriate Writ Order or direction in the nature of Writ of Certiorari calling for award made in I.D. No. 28 of 2014, dated Industrial Tribunal - Cum - Labour Court one IS entitled to reinstate into attended benefits are concerned same. y V ■3 ; "lA^lfe: 1 OF 201« 4 * $: ; > petition under Section 151 CPC sSd-in the affidavit filed i 1, praying that in the circumstances * m support of the petition, the High Court may be 18.06.2015 made in ir suspend the operation of the award dated I.D. No. 28 of 2014 on the file of Industrial Tribunal - Cum Ananthapuramu pending disposal of the Writ Petition. - Labour Court, Counsel for the Petitioners: SRI ARAVALA RAMA (SC FOR APSRTC KKAC) Counsel for the Respondents: SRI SURESH KUMAR REDDY The Court made the following order: RAO KALAVA 1 APHC010319292018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14666/2018 Between; ...PETITIONER(S) The Depot Manager and Others AND ...RESPONDENT(S) P Gurunatha Reddy P Gurunadha Reddy and Others Counsel for the Petitioner(S); 1 .ARAVALA RAMA RAO(SC FOR APSRTC KKAC) Counsel for the Respondent(S); 1.GP FOR LABOUR (AP) 2.SURESH KUMAR REDDY KALAVA The Court made the following; ORDER; This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “ to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to the award made in I.D. No.28 of 2014, dated 18.06.2015 on the file of the Industrial Tribunal - Cum - Labour Court, Anantapuramu as illegal, arbitrary and quash the same and pass such other order or orders ” 2 % 2. Heard Sri Aravala Rama Rao, learned Standing Counsel for APSRTC, appearing for the petitioners and learned Government Pleader for Labour, appearing for the 2'^^ respondent. Notice which was sent to the respondent is returned unserved. 3. St 4. Learned Standing Counsel for APSRTC would submit that the 1 respondent worked as Driver in APSRTC. While he was discharging the duty on 23.08.2012, due to his negligence, accident occurred, resulting which, the After domestic enquiry, he was removed from service on 15.03.2013. The 1®‘ respondent preferred appeal and the same was rejected vide proceedings dated 18.01.2014. Aggrieved by passengers received bleeding injuries. the same, the petitioner preferred I.D.No.28 of 2014, wherein an award was passed in his favour modified the punishment to that of reduction of his basic pay by one incremental stage for a period of one year which shall have effect on his future increments besides treating the suspension period as not on duty for the purpose of wages. Aggrieved thereby, the RTC authorities preferred the present petition. Learned Standing Counsel would submit that a crime has been registered against the 1®^ respondent for the offences punishable under Sections 279 and 337 IPC and the criminal case was ended in acquittal, which does not mean that the 1®^ respondent has not done any misconduct. In domestic enquiry, his guilt is proved. Learned Standing Counsel finally submits that the interference of the Industrial Tribunal in the domestic enquiry is unwarranted. Learned Standing Counsel prays to allow the petition. m- 3 f Considering the submissions made and a fair look at the material placed on record, as rightly observed by the Presiding Officer of the Industrial Tribunal that the respondent faced a criminal trial in a criminal case, which ended in acquittal, in the light of the fact that there is no incriminating material found against him in the case. That apart, some witnesses were examined in the domestic enquiry. They also did not say anything against the 1^' respondent. In the absence of any material to establish the rash and negligent driving of the workman/respondent, the Industrial Tribunal rightly intervened and set aside the punishment. 5. was In that view, this Court does not find any reason to interfere in the award 6. passed by the learned Industrial Tribunal in I.D.No.28 of 2014. In the result, the Writ Petition is dismissed. There shall be no order as 7. f to costs. As a sequel theretp^hiiscellaneous petitions pending, if any, shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR r ^ //TRUE COPY// SECTION OFFICER To 1. The Industrial Tribunal - Cum - Labour Court, Anantapuramu, Anantapuramu District. 2. One CC to Sri Aravala Rama Rao, (SC for APSRTC KKAC) [OPUC] 3. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC] 4. Two CCs to GP for Transport, High Court of Andhra Pradesh. [OUT] 5. Two CD Copies RAM HIGH COURT DATED:24/04/2025 * nm 2025 M • Current ueciion ORDER WP.No.14666 of 2018 s. DISMISSING THE WP WITHOUT COSTS