Telangana High Court Quashes Unjust Pay Reduction Against Driver In Accident Caused By Passenger Attempting To Board Moving Bus

A Bench of Justice Nagesh Bheemapaka considering enquiry report and the corporation's policy, ruled that the petitioner should not have been penalized. The Court said, “In view of the above evidence and also in view of the Circular issued by the Corporation, though the Enquiry Officer held the driver responsible for not anticipating the movement of the lady in question, this Court is of the opinion that the petitioner driver shall not be charge-sheeted. The impugned order is therefore, liable to be set aside.”

The petitioner, a driver for the respondent's Corporation since 1989, was suspended in 2004 for a fatal accident. Despite explanations, an enquiry was held, leading to the pay reduction. The Corporation stated the petitioner was at fault, following a proper enquiry without violating natural justice principles.

Advocate V. Narsimha Goud appeared for the Petitioner and Advocate Thoom Srinivas appeared for Respondent.

Petitioner's counsel argued the accident wasn't their fault, citing biased enquiry and lack of preventive measures. The counsel referenced a 1991 circular exempting drivers in certain situations.

The Court reviewed the Corporation's circular and statements from the enquiry report, which supported the petitioner's claim that the pedestrian's actions caused the accident. The statements of witnesses and the corporation's circular indicated that the pedestrian's movement was unexpected and caused by the crowd.

The Court allowed the writ petition, quashing the 2006 and 2008 orders.

Cause Title: L. Shankar v. APSRTC

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