THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.24549 of 2011 ORDER: The petitioner was appointed as driver on contract basis in the year 2008 in the Kodad depot of A.P.S.R.T.C. An accident took place on 04.06.2010. A charge sheet was issued and after conducting enquiry the Depot Manager, Suryapet Bus Depot, the second respondent herein passed an order dated 30.11.2010 directing termination of the petitioner from service. The petitioner filed an appeal before the Deputy Chief Traffic Manager, the first respondent herein. Through order dated 18.03.2011, the first respondent has set aside the order of termination and directed that the petitioner shall be appointed as contract driver afresh. Penalty of Rs.1000/- was also imposed. The petitioner feels aggrieved by the said order, to the extent it did not sanction the attendant benefits. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents. It is no doubt true that the second respondent conducted enquiry before removing the petitioner from service. The fact, however, remains that the petitioner’s service ever since the date of appointment was spark less and that the accident took place for the first time. Further, responsibility of the petitioner for the accident is partial. The regulations framed by the A.P.S.R.T.C do not stipulate the punishment of order of appointment as a fresh candidate. Such a course would deprive the petitioner of his past service. Since the petitioner is yet to be regularized, it is felt that the order can be modified to one of reinstatement into service with the benefit of past service excluding the period during which he was out of service, limited to the purpose of regularization. Hence the writ petition is partly allowed directing that the order dated 18.03.2011 passed by the first respondent be modified to the effect that the petitioner shall be reinstated into service by retaining the penalty of Rs.1000/-. He shall be entitled to count the service rendered by him for the purpose of regularization, except to the extent he was out of service from the date of removal to the date of reinstatement; and he shall not be entitled for any monetary benefits on account of this order. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J Dt:30.08.2011. lvl THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.24549 of 2011 Dt. 30.08.2011