1 HN, J W.P.No.17440_2014 APHC010199212014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17440/2014 Between: 1. THE REGIONAL MANAGER,, A.P.S.R.T.C., RAJAHMUNDRY, EAST GODAVARI DISTRICT. 2. THE DIVISIONAL MANAGER,, A.P.S.R.T.C., RAJAHMUNDRY, EAST GODAVARI DISTRICT. 3. THE DEPOT MANAGER, A. P. S .R.T. C. ,, RAJAHMUNDRY DEPOT, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE HONBLE LABOUR COURT, REP. BY ITS PRESIDING OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 2. THE SECRETARY, APSRTC NATIONAL MAZDOOR UNION, RAJAHMUNDRY DEPOT, EAST GODAVARI DISTRICT. REPRESENTING G.V.RAMANA, E.452837, DRIVER. ...RESPONDENT(S): 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 toto issue an order or direction more particularly one in the nature of Writ of CERTIORARI (a) call for the records pertaining to and related to award passed by the Hon'ble Labour Court, Visakhapatnam, in I.D.No.24/2011 dated 12.07.2013 and quash or set aside the same by declaring the same as arbitrary, illegal and contrary to the law down by the Hon'ble Apex Court since the Corporation has followed the prescribed procedure as per the Regulations 2 HN, J W.P.No.17440_2014 while conducting enquiry; and (b) Consequently declare that G.V.Ramana, E.452837, Driver is not entitled for any relief as per the award of the Hon'ble Labour Court, Visakhapatnam in I.D.No.24/2011 dated 12.07.2013 as G.V.Ramana, E.452837, Driver has involved in a fatal accident case as such, he is not liable for any relief as granted by the Hon'ble Labour Court, and pass such other and further order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2014(WPMP 21821 OF 2014 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 award passed by the Hon'ble Labour Court in ID NO. 24/2011 dated 12.07.2013 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner(S): 1. K SRINIVASA PRASAD SC For APSRTC Counsel for the Respondent(S): 1. GP FOR LABOUR 2. A K KISHORE REDDY 3 HN, J W.P.No.17440_2014 ORDER: 1. The petitioners are challenging the order passed in I.D.No.24 of 2011, dated 12.07.2013. The 2nd respondent, while discharging his duty as a driver, caused a fatal accident on 13.07.2004, and the petitioners issued a show cause notice for conducting an enquiry. The Disciplinary Authority, after conducting an inquiry, imposed the punishment of reduction of pay by two incremental stages for a period of two years, which shall have the effect on future increments, besides treating the suspension period as not on duty for the purpose of leave and increments. Aggrieved by the said punishment, the 2nd respondent filed I.D.No.24 of 2011 before the Industrial Tribunal-cum-Labor Court, Visakhapatnam. The Labor Court, passed an award on 12.07.2013, modified the punishment imposed on the 2nd respondent by deferring the annual increment for a period of two years without cumulative effect. This Court, while admitting the writ petition, granted interim suspension as prayed for on 23.07.2014. 2. The learned Standing counsel appearing for the petitioners submits that the Labour Court ought not to have modified the punishment, as the 2nd respondent had caused a fatal accident resulting in the death of a motorcyclist. It is submitted that the Discipline Authority had considered all the statements recorded during the course of enquiry and found that the 2nd respondent deserved a major punishment, and accordingly imposed the punishment of withholding of annual 4 HN, J W.P.No.17440_2014 increments for a period of two years with cumulative effect, duly considering the evidence on record. The learned counsel appearing for the respondent No.2 submits that the respondent No.2 was acquitted in the criminal case and that the Industrial Tribunal had also held the 2nd respondent was not solely responsible for the cause of the accident. The learned counsel appearing for respondent No. 2 has also placed on record a copy of the judgment passed in C.C.No.1126 of 2006, wherein the learned Magistrate categorically held that the prosecution has failed to prove the case against the accused and that the accused could not be charged with the offence of causing a fatal accident by driving in a rash and negligent manner. It is submitted that the 2nd respondent was acquitted on merits and not on technicalities. It is further submitted that 2nd respondent ideally ought to have challenged the award passed in I.D.No.24 of 2011; however, considering the employee-employer relationship, respondent No. 2 did not file any affidavit. 3. Heard the learned Standing counsel for the petitioners and the learned counsel for the 2nd respondent. 4. On merits, the Labor Court has recorded a finding that the 2nd respondent cannot be held solely responsible for the cause of the accident. That apart, the learned Magistrate has also categorically held that the prosecution failed to prove the case and has recorded a specific finding that the 2nd respondent cannot be charged with 5 HN, J W.P.No.17440_2014 driving the bus in a rash and negligent manner. In such circumstances, the punishment imposed on the 2nd respondent cannot sustain scrutiny of law. Be that as it may, as the 2nd respondent has not challenged the award, and as the grounds raised by the petitioners challenging the award passed in I.D.No.24 of 2011 does not deserve any interference, the writ petition is liable to be dismissed. 5. Accordingly, the writ petition stands dismissed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:30.03.2026 NKA 6 HN, J W.P.No.17440_2014 244 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17440 of 2014 Date: 30.03.2026 NKA