THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.18833 OF 2007 O R D E R Heard both the counsel. 2. Aggrieved by the award dated 27.4.2006 passed by the Industrial Tribunal – cum – Labour Court at Warangal in I.D.No.42/2003, in dismissing the I.D. and thereby confirming the order of removal passed by the respondent – Corporation, against the workman, who was working as driver, the present writ petition is filed. 3. The petitioner was appointed as Driver in the respondent – Corporation on 1.7.1986. While so, on 19.4.1997 while he was operating the bus bearing No.AP 9Z – 3752 on the route Hanamakonda to Kaleshwaram, the bus dashed the oil tanker bearing No.AP J – 9687, at 7-30 a.m. and it resulted in death of one passenger and injuries to 35 passengers. A preliminary enquiry was conducted and accordingly, he was placed under suspension and a chare sheet was issued with two charges for rash and negligent driving and not being satisfied with the explanation offered by the petitioner, domestic enquiry was conducted and the enquiry officer submitted report holding the petitioner guilty of the charges framed against him. The petitioner was issued with the show cause notice as to why he shall not be removed from service and not being satisfied with his reply, the petitioner was removed from service on 22.1.1998 and the appeal and review filed by him ended in rejection. Hence, he filed I.D.No.42/2003 and the Tribunal by re- appreciating the entire material on record, dismissed the I.D. and thereby confirmed the order of removal. Hence, the present writ petition. 4. The charges against the petitioner pertaining to rash and negligent driving of the bus and causing accident, which resulted in death of one passenger and injuries to 35 passengers. In the domestic enquiry the said charges are proved and the Tribunal by order dated 22.11.2005 also held that the domestic enquiry is valid. The Tribunal by re-appreciating the entire evidence, has concurred with the findings of the enquiry officer with regard to the guilt of the workman and as the driver caused the accident due to the rash and negligent driving of the bus and it resulted in death of one passenger and injuries to 35 passengers, reframed from exercising the discretionary jurisdiction under Section 11-A of the Act and accordingly dismissed the I.A. 5. With regard to finding of fact recorded by the enquiry officer and confirmed by the Tribunal, this court cannot interfere with the same under writ jurisdiction. But with regard to quantum of punishment, this court is inclined to interfere under the writ jurisdiction in view of the following extenuating circumstances, which the Tribunal failed to notice. 6. The petitioner was appointed in the year 1986 and there is no material on record to show that he indulged in similar charges and in the writ affidavit it is stated that he has put in good record of service till he was removed on 22.1.1998. The petitioner has put in about 12 years of service and now he is aged 51 years. It is the further case of the petitioner that for the very same charges, a criminal case was registered and it ended in acquittal. In view of these circumstances, the impugned award with regard to quantum of punishment is modified as under: “The respondents - Corporation shall reinstate the petitioner into service without back wages and he is granted continuity of service, which shall be counted only for terminal benefits.” 7. The writ petition is accordingly disposed of. No costs. AVS ---------------------------- --- 08—06—2011