THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.1094 OF 2009 Dt.27.8.2009 Between: S.K. Shabeer … Appellant And The Regional Manager, A.P.S.R.T.C., Kurnool Region, Kurnool and another … Respondents THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.1094 OF 2009 JUDGMENT: (per the Hon’ble the Chief Justice Sri Anil R. Dave) Being aggrieved by the order dt.24.3.2008 passed in Writ Petition No.5279 of 2008 this appeal has been filed by the original petitioner, who was working as a Driver under respondent No.1. On 2.1.2001 the appellant met with an accident, which resulted in death of a ten years old girl. The enquiry report reveals that only on account of rash and negligent driving of the appellant, the accident had taken place, which resulted in death of an young girl. In the circumstances, after holding regular enquiry, the appellant was removed from service and the departmental appeal filed against the order of removal was confirmed, but the reviewing authority had shown sympathy and directed reinstatement of the appellant into service as a newly appointed driver. Being aggrieved by the said order, the appellant had approached the Labour Court. The Labour Court, by its Award in I.D. No.272 of 2003, dt.24.7.2007, confirmed the order passed by the reviewing authority. The Award was challenged by filing the aforestated Writ Petition which has been rejected and therefore this appeal has been filed. We have gone through the record and the relevant orders passed by the concerned authorities. Looking to the negligence of the appellant – driver, in our opinion, the appellant was rightly removed from the service and the order of removal was rightly confirmed by the appellate authority. However, only because of sympathetic view taken by the reviewing authority, the appellant was reinstated into service by treating him as a freshly appointed driver. Upon perusal of the relevant orders and upon hearing the learned Advocates, we do not find any illegality committed by the learned Single Judge in passing the impugned order and therefore the appeal is dismissed with no order as to costs. ______________ ANIL R. DAVE, CJ ______________________ C.V. NAGARJUNA REDDY, J 27.08.2009 bnr