Allowed

P.R.K. Swamy, v. The Regional Manager, A.P.S.R.T.C.

Telangana HC14 Nov 2011WP/19406/2011

Case brief

AI extract

What is this about?

The High Court, in a writ petition, directed the respondent Corporation to reinstate the petitioner and grant continuity of service without back wages, finding justice since the petitioner was held guilty in a disciplinary inquiry regarding a fatal bus accident.

What did the court decide?

Continuity of service and reinstatement granted without back wages or monetary benefits by virtue of this order.

P.R.K. Swamy, Vs The Regional Manager… — Pension and Retirement Benefits | Telangana HC (2011)

¶1

THE HON’BLE SRI JUSTICE G.CHANDRAIAH

¶2

W.P.NO.19406 OF 2011

¶3

O R D E R

¶4

Heard both the counsel.

¶5

2. The petitioner was appointed as Contract Driver in the respondent – Corporation on and while he was driving the bus AP 11Z – 2596 of Tadepalligudem Depot, on 1.10.2009 at 18-45 hrs, at Pothunuru village, an accident was occurred, which resulted in death of lady pedestrian. The petitioner was issued charge sheet dated 24.10.2009 and the enquiry officer submitted report 8.12.2009 holding the petitioner guilty. The petitioner was given the show cause noticed dated 7.1.2010 and the petitioner submitted his explanation and not being satisfied with the same, the disciplinary authority passed order dated 19.1.2010, terminating the services of the petitioner and aggrieved by the same, the petitioner preferred appeal and the appellate authority by order dated 12.5.2010, ordered for instatement into service without back wages and continuity of service. The petitioner preferred review and by order dated 27.4.2010, the review was rejected. Challenging the same, the petitioner filed the present writ petition for granting service benefit.

¶6

3. From the material on record, it could be seen that the appellate authority extended the benefit of doubt to the petitioner in causing the accident and ordered for reinstatement afresh. Therefore, in such circumstances, the Corporation ought to have given the benefit of continuity of service. The case of the petitioner is that if the death was due to the accident of the bus, then the Corporation usually pays the funeral expenses, but in the present case, no such expenses were paid.

¶7

4. The petitioner is totally denying the charge that he is responsible for the death of the pedestrian lady. The appellate authority extending the benefit of doubt, ordered for reinstatement. In view of these circumstances, I am of the considered view, that the interest of justice would be met by ordering continuity of service without back wages.

¶8

5. Accordingly, the writ petition is allowed and the respondents shall

¶9

extend the benefit of continuity of service along with reinstatement granted to the petitioner by order dated 12.5.2010. However, it is made clear that the petitioner shall not be entitled to any back wages or any other monetary benefit, by virtue of this order. No costs.

¶10

AVS ---------------------------------14—11—2011

P.R.K. Swamy, v. The Regional Manager, A.P.S.R.T.C.

Case brief

What is this about?

What did the court decide?

P.R.K. Swamy, v. The Regional Manager, A.P.S.R.T.C.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Duba Venkata Ramana Vs The District Collector/District Programme Coordinator

B. Srinu, Vs The Andhra Pradesh Power Generation Corp Limited

Keluth Dasma Vs The a.P.Power Generation Corporation Limited

U.Madhu Kumar Vs The Chairman and Managing Director

Boosa Rajaiah Vs The Chief General Manager

I.Chandra Sekhar Reddy Vs Andhra Pradesh State Road Transport Corporation