THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.7079 of 1996 Date:14.11.2006 Between: R.P.R.Naidu -------PETITIONER AND The Depot Manager, APSRTC, Kukatpally and others. ---------RESPONDENTS ORDER: This writ petition is filed seeking a direction to respondents 1 to 3 to reinstate the petitioner into service with full back wages and attendant benefits. It is the case of the petitioner that he was working as a driver in the respondent- Corporation. While so, on 11.07.1989, the bus bearing No.AAZ 7479 on route No.31-J from Secunderabad to Jawahar Lal Nehru Technological University, driven by the petitioner met with an accident, resulting in death of two persons. Criminal proceedings were initiated under Sections 304-A and 337 I.P.C. Simultaneously, departmental proceedings were also initiated. In the departmental proceedings, after giving reasonable opportunity, it was held that the petitioner was guilty of the charges levelled against him. Therefore, he was removed from service. Aggrieved by the same, he filed an appeal and the same was also dismissed. Further, he raised an industrial dispute under Section 2-A (2) of the Industrial Disputes Act before the Additional Industrial Tribunal-cum-Additional Labour Court, Hyderabad in I.D.No.27 of 1993. The Labour Court also, after an elaborate consideration of the material available on record, rejected the claim petition through its order, dated 31.01.1995. Dissatisfied thereby, the present writ petition has been filed. It appears that on the very same day, when the award was passed by the Labour Court, the Criminal Court acquitted the petitioner. The learned counsel for the petitioner states that the petitioner had no opportunity of representing these facts before the Labour Court. Relying on the Circular, dated 16.04.1996, it is submitted by the learned counsel that if the acquittal is on the technical grounds or due to the prime witness not forthcoming or turning hostile or due to the benefit of doubt, no reinstatement shall be considered by the appellate/review authority. Though a driver is acquitted by the Criminal Court, he cannot be reinstated automatically and therefore, he has to prefer an appeal within one month from the date of pronouncement of the judgment along with a copy of the same. Hence, he seeks appropriate direction in this regard so as to avail the remedy of appeal. In view of the above, without expressing any opinion on merits, the petitioner is directed to file an appeal/representation before the competent authority. On filing such an appeal/representation, the competent authority shall entertain the same and consider the case of the petitioner in the light of the judgment rendered by the Judicial First Class Magistrate, Hyderabad West & South, Ranga Reddy District in C.C.No.294 of 1982 and the circular, dated 16.04.1996, issued by the Vice Chairman and Managing Director of the A.P.S.R.T.C. and pass appropriate order as per law, within a period of six weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. There shall be no order as to costs. _____________ 14.11.2006 kdl