HON'BLE SRI JUSTICE GHULAM MOHAMMED WRIT PETITION NO. 5845 OF 2001 Between: Ch. Krishna S/o Sri Hanumaiah aged 35 years ..... PETITIONER AND The Hon’ble Industrial Tribunal II, Hyderabad and one another .....RESPONDENTS ORAL ORDER: This Writ Petition has been filed in the nature of writ of Certiorari calling for the records pertaining to orders dated 15.2.2000 passed in I.D.No. 108 of 1999 by the first respondent and quash the same as illegal and consequently direct the second respondent to grant back wages and attendant benefits. Brief facts of the case are that the petitioner was appointed in the second respondent Corporation as Driver in the month of January, 1988. While so, when the petitioner was performing his duties on 18.12.1994 on route 217-A, Patancheru to Koti the vehicle met with an accident near Jyothi Theatre Ashok Nagar at about 11.30 hours and in the said accident the lady pedestrian received injuries and basing on the same, the second respondent issued a charge sheet dated 26.12.1994 framing the following charges: “Charges: (i). For having driven the vehicle o. AP 9 Z 5565 on 18.12.1994 on route 217 A in rash and negligent manner causing fatal accident near Jyothi Talkies, Ashok Nagar resulting into death of lady pedestrian which constitutes misconduct under Regulation 28 (ix) (a) of APSRTC, Employees (Conduct) Regulations, 1963. (ii) For having driven the vehicle No. AP 9Z 5565 on 18.12.1994 on route 217 A with lack of anticipation resulting into death of a lady pedestrian which constitutes misconduct under regulating 28 (ix) (b) of APSRTC, Employees (Conduct) Regulations, 1963.” It is stated that the petitioner submitted his explanation to the said charge sheet on 8.2.1995 denying the charges but the second respondent without considering the explanation submitted by the petitioner ordered enquiry into the charges. The charges made against the petitioner were proved and subsequently the petitioner was issued with show cause notice of removal on 22.5.1995 and ultimately he was removed from service by proceedings of the second respondent dated 24.6.1995. Aggrieved by the same, petitioner filed an appeal before the appellate authority on 4.8.1995 and the same was rejected on 21.2.1996. Aggrieved by the same, the petitioner raised a dispute before the first respondent and the first respondent set aside the removal of the petitioner from service and directed to reinstate the petitioner with continuity of service but without backwages and it also directed that the petitioner is liable for punishment of postponement of one annual increment with cumulative effect. Aggrieved by the same, the petitioner preferred the present Writ Petition. Heard the learned counsel appearing for both sides and also perused the entire material made available on record. As seen from the record, while the petitioner was discharging his duties, an accident took place and in that one pedestrian received injuries and for that petitioner was issued a charge sheet dated 26.12.1994 and the charges made against the petitioner were proved and the petitioner was terminated from service. After that he filed an appeal before the appellate authority and the same was rejected on 21.2.1996 and aggrieved by the same, he preferred I.D before the Industrial Tribunal and the Tribunal set aside the order passed by the first respondent. While doing so, the tribunal exceeded its limit holding that the petitioner is liable for punishment of postponement of one annual increment with cumulative effect. Therefore, that portion of the order passed by the Tribunal is set aside. Accordingly, the Writ Petition is allowed setting aside the observation made by the Tribunal viz., “the petitioner is liable for punishment of postponement of one annual increment with cumulative effect”. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J DATE: 02.12.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.