IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: AT HYDERABAD Friday this the 12th day of November, 2010 Writ Petition No.4041 of 2006 Between Md.Shafi … Petitioner and The APSRTC, Rep. by its Depot Manager, Kurnool-2, Kurnool district and 2 others … Respondents THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA Writ Petition No.4041 of 2006 Order: The petitioner is aggrieved by the order dated 26-10-2004 passed by the 3rd respondent, vide which he was awarded the punishment of reduction of pay by two incremental stages for a period of two years besides recovery of Rs.1,000/- towards costs of damages caused to bus bearing No.AP11Z-3795 and further, the period of his suspension would be treated as “not on-duty” for the purpose of leaving increment, wages and gratuity. 2. Briefly, the facts of the case are that the petitioner was working as a driver with the 3rd respondent. On 06-6-2004 the petitioner was on link duty at Cuddapah and was proceeding to Tirupati. He was driving bus bearing No.AP11Z-3795. The vehicle met with an accident at 4.30 a.m., on the outskirts of Cuddapah town. The bus, which the petitioner was driving, dashed against the backside of a lorry. Four passengers travelling in the bus sustained injuries. The conductor of the bus also sustained injuries due to the impact of the bus with the lorry and also lost consciousness. A case under Section 337 of IPC was registered against the petitioner vide FIR No.143 of 2004. 3. A fact-finding enquiry was conducted by the Deputy Superintendent (T) of Cuddapah Depot and a charge-sheet was issued to the petitioner. A full-fledged enquiry was conducted into the case by the Assistant Manager (T)/Enquiries, Kurnool. After following all the procedural requirements, ample opportunity was also given to the petitioner to defend his case. The Enquiry Officer vide his report dated 27-7-2004 found the petitioner guilty of having caused the accident. On the basis of the enquiry report, a show-cause notice was issued to the petitioner on 24-9-2004 calling upon him to show cause as to why punishment should not be imposed upon him. Although the petitioner received the show- cause notice, he did not submit any explanation to the same. 4. Thereafter, the impugned orders dated 26-10-2004 were issued against the petitioner imposing a punishment of reduction of basic pay by two increment stages for a period of two years with cumulative effect besides treating his suspension period to be “not on- duty”. 5. Learned counsel for the petitioner has submitted that although an accident was caused by the petitioner, no passenger was seriously hurt and no one had complained against the petitioner and therefore the punishment is not commensurate with the offence committed. 6. A perusal of the enquiry report as well as the impugned order dated 26-10-2004 shows that the petitioner was negligent in committing the accident and the bus which he was driving was a brand new one belonging to the APSRTC. In the accident four passengers were injured and even the bus conductor fell unconscious. 7. The authorities below have already taken a lenient view considering the fact that the petitioner has not been involved in any further accident. 8. In view of the aforementioned facts, I find no ground to reduce the punishment imposed upon the petitioner. 9. Resultantly, the writ petition is dismissed. No costs. ________________________________ JUSTICE ASHUTOSH MOHUNTA 12th November, 2010. Ak THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA Writ Petition No.4041 of 2006 12th November, 2010.