THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 3130 OF 2006 O R D E R: The petitioner is working as a driver in Sathupally Depot of APSRTC. On 3.6.1996, he was performing duty on a service, between Sathupally and Vijayawada. An accident took place, in which two cyclists died. A Charge sheet was issued, and after conducting departmental enquiry, the Depot Manager, the 3rd respondent herein, imposed the punishment of removal from service, vide proceedings dated 14.10.1996. Appeal preferred by the petitioner to the 2nd respondent was rejected on 20.12.1996. The petitioner filed a review before the 1st respondent, as provided for under the Service Regulations. Through his proceedings, dated 23.7.1997, the 1st respondent allowed the review in part, setting aside the order of removal, and directed reinstatement of the petitioner, by imposing the punishment of reduction of pay, by two incremental stages, for a period of two years, with cumulative effect. The petitioner feels aggrieved by the said punishment. Sri G. Ravi Mohan, learned counsel for the petitioner, submits that the 1st respondent himself was convinced that the petitioner has 15 years of accident-free record, and still, has imposed the punishment. He submits that the passengers themselves have given a statement to the effect that the cyclists have come and fallen under the bus, in their effort to escape the fighting buffalos. Learned Standing Counsel for the respondents, on the other hand, submits that the 1st respondent has shown indulgence, in setting aside the order of removal, and the punishment of reduction of pay by two incremental stages, for a period of two years, with cumulative effect, is justified. In the domestic enquiry, the charges framed against the petitioner, viz; driving the bus in a rash and negligent manner, resulting in the death of two cyclists, were proved. Therefore, it entailed in the order of removal from service. The appeal preferred by the petitioner was rejected. The 1st respondent, before whom the review was filed, was impressed by the fact that the petitioner had an accident-free record of 15 years. The record also contains the statements of passengers, who deposed that when the bus was proceeding at a normal speed on the road, the two cyclists who in their effort to escape from the quarreling buffalos, have come under the wheels of the bus. The petitioner was acquitted in the criminal case instituted against him. Though the petitioner ought to have anticipated and to be careful, it cannot be said that there was total negligence on his part, in view of the facts referred to above. The reduction of pay by two incremental stages, for a period of two years, with cumulative effect, would result in severe reduction of emoluments. This court is of the view that ends of justice would be met, if the said punishment is reduced to, without cumulative effect. Hence, the writ petition is partly allowed, modifying the punishment imposed by the 3rd respondent in the impugned proceedings, to be the one, without cumulative effect. It is also directed that the petitioner shall not be entitled to any dues of pay, up to the date of this order. There shall be no order as to costs. ________________ 25th June 2008 PAN