IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.35126 of 1998 Between: Y. Chennaiah … Petitioner AND The Depot Manager, Karimnagar-II Depot, APSRTC, Karimnagar & another. … Respondents Counsel for the petitioner : Smt. S.V. Indira Counsel for respondent No.1: Sri T.D. Phani Kumar for Smt. P. Rajani Reddy This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.35126 of 1998 ORDER:- This writ petition is filed for a Writ of Certiorari to quash order dated 02.04.1994 in I.D.No.128 of 1992 on the file of the Chairman, Industrial Tribunal-cum-Labour Court, Godavarikhani, Karimnagar District (for short, ‘the Industrial Tribunal’). The petitioner was appointed as a Conductor in respondent No.1 Corporation in May, 1990. After regularization of his services in the said post, charge sheet dated 17.12.1991 was issued to him, wherein the petitioner was charged with committing misconduct of producing bogus secondary school certificate under Regulation Nos.(xxii), (xxx) and (xxxii) of the APSRTC Employees (Conduct) Regulations, 1963. After holding enquiry, the petitioner was removed from service by order dated 08.04.1992 passed by respondent No.1. The petitioner thereafter raised an industrial dispute vide I.D.No.128 of 1992 before the Industrial Tribunal. The said I.D. was dismissed by award dated 15.02.1994. Questioning the said award, the petitioner filed the present writ petition. It may be noted at the outset that there is a delay of about four years in filing the present writ petition. The petitioner sought to explain this delay by stating that his counsel has not informed him about the dismissal of the I.D. At the hearing, learned counsel for the petitioner contended that subsequent to the passing of the award, the petitioner, who figured as accused No.4 in CC.No.1256 of 1992 on the file of the Additional Judicial Magistrate of First Class, Karimnagar, was acquitted for the same charge. She also placed reliance on order dated 21.08.2008 passed by this Court in WP.No.1296 of 2002, which was filed by one Sri P.Bheemaiah, who figured as accused No.5 in the said C.C. A perusal of the said order shows that based on the acquittal and the further fact that another accused, namely, Sri J. Laxmaiah, who was accused No.8 in the said C.C., was reinstated by the Corporation by order dated 05.05.1998, the said writ petition was allowed by modifying the punishment of removal into one of reinstatement into service afresh, without back wages and continuity of service. Learned Standing Counsel for the respondent – Corporation submitted that as the said two persons have availed the legal remedies without much delay, their cases were considered and they were appointed afresh. In my considered view, if the petitioner is situated similarly to Sri P.Bheemaiah and Sri J. Laxmaiah, I do not find any reason whatsoever to deny the same benefit to him as well. From the material produced before me, it is quite evident that the petitioner and the other two persons figured as accused in CC.No.1256 of 1992 and all of them are acquitted by the criminal Court, I do not therefore find any justification for the Corporation to deny the benefit of reinstatement into service as a fresh Conductor without back wages and continuity of service to the petitioner as was done in the case of Sri P. Bheemaiah and Sri J.Laxmaiah. However, as the petitioner did not specifically raise this plea in the affidavit, the writ petition is disposed of by permitting him file a representation to the Regional Manager, Karimnagar region, APSRTC, within a period of three weeks from today. The petitioner shall produce all the relevant material concerning his acquittal. The Regional Manager shall within four weeks thereafter consider the case of the petitioner. On such consideration, the petitioner shall be reinstated into service, if he finds that the petitioner was also acquitted along with Sri P.Bheemaiah and Sri J.Laxmaiah and that the latter two were already reinstated as fresh Conductors, without the benefit of service and payment of back wages. ____________________________ C.V.NAGARJUNA REDDY, J Date: 01.12.2008 ES