IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.15948 of 2004 Between: K.V.R. Ajaya Kumar, E-725619, Ex-RTC Driver, S/o. Venkateswarlu, D.No. 2-5-51, 1st Floor, Gandhinagar, Tenali, Guntur District. ..... PETITIONER AND 1 The APSRTC, rep by its Managing Director, Musheerabad, Hyderabad. 2 The APSRTC, rep by its Regional Manager, Guntur Region, at Guntur, Guntur District. 3 The APSRTC, rep by its Regional Manager, Tenali Depot, Guntur District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in removing the petitioner from service on the allegation of negligent driving without even conducting proper enquiry as prescribed in the circular No. PD 43/86 Dt.16-4-1986, vide Proc.No. 03/2(4)/2002-TNL, Tenali, Dt. 22-10-2002 which was confirmed by the appellate authority and as well as the review authority vide Proc. No. Steno/19(129)/2002- DVM(G) Dt. May 14, 2003 and Proc. No. Steno/19(45)/2003-RM(G) Guntur, Dt. 15-10-2003 respectively as illegal, unjust and arbitrary, violative of principles of natural justice and as such liable to be set aside in the interest of justice. Counsel for the Petitioner: MR.S.M.SUBHAN Counsel for the Respondents: MR.C.PRAKASH REDDY The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.15948 OF 2004 ORDER: It appears, the petitioner, while working as Driver with A.P. State Road Transport Corporation at Tenali Bus Depot, Guntur District, alleged to have driven the bus bearing No. AP 10 Z 4872 in a rash and negligent manner, on 22.05.2002, on the route Tenali to Vijayawada, and dashed against a lorry, which was coming in opposite direction, near Pedavadlapudi village, resulting in injuries to the lorry driver as well as damages to the bus. It was alleged that the lorry driver, who sustained injuries in the accident, subsequently succumbed to the injuries. A criminal case was also registered against the petitioner for the offence punishable under Section 304-A I.P.C. apart from the departmental proceedings initiated by the Corporation. After conducting a detailed enquiry into the alleged misconduct, the petitioner was removed from service, vide proceedings dated 22.10.2002 of the 3rd respondent – Depot Manager, Tenali. It was further ordered to recover an amount of Rs.1,000/- from the settlement benefits of the petitioner towards cost of the damages caused to the bus. Aggrieved thereby, the petitioner carried the matter in appeal before the Divisional Manager, Guntur, who rejected the appeal, vide proceedings dated 14.05.2003. Thereupon, the petitioner filed a review petition before the 2nd respondent – Regional Manager, Guntur, but the same was also rejected, vide proceedings dated 15.10.2003. According to the petitioner, the enquiry was not properly conducted as per the circular instructions of the Corporation vide Circular No.PD-43/86 dated 16.04.1986 and the criminal case, being C.C.No.258 of 2002, filed against him for the same offence ended in acquittal. The petitioner contends that pursuant to his acquittal in the criminal case, he filed a second review petition before the 2nd respondent – Regional Manager, Guntur Region, which is pending as of now, and the same needs to be considered in the light of his acquittal in the criminal case as well as the circular instructions issued by the Corporation. In the facts and circumstances of the case, without expressing any opinion on merits, the 2nd respondent – Regional Manager, Guntur, is directed to consider the second review petition purported to have been filed by the petitioner, keeping in view the acquittal of the petitioner in the criminal case and also the circular instructions issued by the Corporation in this regard from time to time, and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 13th March, 2008. Note:- Issue CC in one week. BO IBL To 1 The Managing Director, APSRTC, Musheerabad, Hyderabad. 2 The Regional Manager, APSRTC, Guntur Region, at Guntur, Guntur District. 3 The Regional Manager, APSRTC, Tenali Depot, Guntur District. 4. Two CD copies