IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 1287 of 2006 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 16/03/2006 in WP NO : 5140 OF 2001 on the file of the High Court.) Between: T.Madhava Rao, s/o Venkaiah, r/o Avanigadda, Krishna District. ..... APPELLANT AND 1 The Presiding officer, Labour Court, Guntur. 2 the A.P.S.R.T.C., Represented by its Regional Manager, Krishna Region at Vijayawada. 3 the Depot Manager, A.P.S.R.T.C., Jaggaiahpet Depot, Krishna District. 4 the Depot Manager, A.P.S.R.T.C., Avanigadda Depot, Krishna District. .....RESPONDENT(S) Counsel for the Appellant:MR.M.PITCHAIAH Counsel for the Respondent No.: GP FOR LABOUR The Court made the following THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 1287 of 2006 Oral Judgment : ( Per Sri GM, J ) This Writ Appeal is directed against the order passed in W.P.No.5140 of 2006 dated 16-3-2006 by the learned Single Judge of this Court. The petitioner is the appellant herein. On 23-1-1998 the bus driven by the appellant met with an accident with a lorry, resulting the death of the lorry driver and causing injuries to 11 passengers in the bus. Necessary charges were framed against the appellant and that an Enquiry Officer was also appointed to conduct enquiry. The Enquiry Officer found that the charges levelled against the appellant are proved. Basing on the findings of the enquiry officer, the appellant was issued with a show cause notice, and considering the explanation submitted by the appellant, the respondents-Corporation ordered removal from service. Challenging the said order of removal, the appellant carried the matter before appellate authority, unsuccessfully. Thereupon the appellant preferred Industrial Dispute before the Labour Court, Guntur and the Labour Court directed the respondents-Corporation to reinstate the petitioner into service as a fresh candidate without backwages and without continuity of service. Challenging the order of the Labour Court in not ordering reinstatement of the appellant into service with continuity of service and backwages, the appellant filed the instant Writ Petition. The learned single Judge on consideration of the rival contentions of both the parties, dismissed the writ petition confirming the order of the Labour Court. Hence, this Writ Appeal. The learned counsel for the appellant reiterating the contentions that were advanced before the learned Single Judge, contends that the punishment imposed against the appellant is disproportionate to the misconduct alleged and that the appellant was also acquitted by the Criminal Court for the same incident, therefore the appellant has to be reinstated into service with continuity of service and backwages. Heard the learned Standing Counsel for the respondent- Corporation. It is to be noted that mere acquittal in Criminal cases, does not fetter the department to initiate the disciplinary proceedings and to impose appropriate punishment. Here in the instant case, the disciplinary authority imposed punishment of removal from service, and that the Labour Court on appraisal of the evidence, ordered for reinstatement of the appellant into service afresh, as the charges against the appellant were proved. The appellant was given benefit of doubt in the criminal case. The learned single Judge on appraisal of the material on record declined to interfere with the order of the Labour Court, since the Labour Court having held that the charges levelled against the appellant were proved, has taken a lenient view of the matter and ordered for fresh appointment of the appellant into service. For the above reasons, we do not see any ground to interfere with the impugned order passed by the learned single Judge of this Court. The Writ Appeal is meritless and is dismissed. ______ GM, J _______ VVA, J Kk 13-8-2009 THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 1287 of 2006 13-8-2009