THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.5537 of 2010 ORDER: On the request of the learned counsel for the petitioner and the learned Standing Counsel for Andhra Pradesh State Road Transport Corporation (for short ‘the Corporation’), the writ petition itself is taken up for disposal. Petitioner is working as a Driver in the Corporation. He was appointed as such on 01.02.1992. On 16.05.2006, when he was performing duty on Vehicle bearing No.AP11 Z 2442 on the route from Anantapur to Chennai, it met with an accident. In view of occurrence of such accident, a preliminary enquiry was conducted. Thereafter, attributing negligence on the part of the petitioner also, charge sheet- cum-show cause notice, dated 30.06.2006 was issued. From a perusal of the charge sheet, it is clear that there was a rash and negligent driving on the part of the petitioner and the same resulted in damage to the vehicle of the Corporation, as such, the third respondent provisionally came to the conclusion to recover an amount of Rs.1,000/- towards cost of damages apart from taking further disciplinary action against him. Pursuant to the said charge sheet-cum- show cause notice, the petitioner filed his explanation on 29.07.2006 denying the allegation levelled against him and stated that there was no negligence on his part and the accident occurred due to negligence on the part of the driver of the lorry. Referring to such explanation filed by the petitioner, the third respondent passed the final order on 18.08.2006 stopping annual increment for a period of two (2) years, which will have effect on future increments, besides recovery of Rs.1,000/- towards cost of damages from the petitioner. Questioning the said order, the petitioner filed appeal before the second respondent, who in turn, rejected the same vide proceedings bearing No.PA/19(204)/2008-Dy.CTM-A, dated 21.04.2009. The petitioner questioned the action of the third respondent mainly on the ground that no findings with regard to the negligence on the part of the petitioner were recorded in the order, dated 18.08.2006. It is submitted that no show cause notice was issued to the petitioner indicating stoppage of annual increment as a penalty. This Court issued notice before admission on 10.03.2010, but no counter-affidavit is filed. I have perused the copy of the charge sheet-cum-show cause notice, dated 30.06.2006, which resulted in passing of the final order, dated 18.08.2006. By the said charge sheet-cum-show cause notice, the petitioner was called for only to explain as to why an amount of Rs.1,000/- towards cost of damages should not be recovered from him, but there was no indication about imposing further punishment of stoppage of annual increment. Even in the order, dated 18.08.2006, the explanation of the petitioner was cited as 2nd reference, but there was no finding with regard to the negligence on the part of the petitioner. Inasmuch as the explanation of the petitioner was not considered and further, there was no show cause notice issued to the petitioner indicating the proposed punishment of stoppage of annual increment, I deem it appropriate to set aside the order, dated 18.08.2006 and remit the matter to the third respondent for fresh consideration. The petitioner is permitted to file additional explanation, within a period of two (2) weeks from the date of receipt of a copy of this order, pursuant to the charge sheet-cum-show cause notice, dated 30.06.2006, and the third respondent shall consider the explanation of the petitioner already filed and also additional explanation, if any filed by him, and pass appropriate orders with reference to the charge sheet-cum-show cause notice, dated 30.06.2006 as early as possible, preferably, within a period of eight (8) weeks thereafter. The writ petition is allowed to the extent indicated above. No order as to costs. ______________________ R.SUBHASH REDDY, J 2nd JUNE, 2010. kvni