DEPOT MANAGER A P STATE ROAD TRANSPORT CORPORATION Vs. MOHAMMAD YOUSUF MIYA
LAWS(SC)-1996-11-187
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on November 20,1996

DEPOT MANAGER,ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION Appellant
VERSUS
MOHD YOUSUF MIYA Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) We have heard learned counsel on both sides. The facts in appeal arising out of S.L.P. (C) No. 16342/96, are sufficient for disposal of the common controversy raised in these cases.
(3.) This appeal by special leave arises from the judgment of the Division Bench of the Andhra Pradesh High Court, made on June 18, 1996, in W. P. No. 612 of 1996. The appellants had initiated disciplinary proceedings against the respondent on the imputation that on September 15, 1995, while driving the Corporations doubledecker vehicle near Gandhi Hospital in Hyderabad City, due to lack of anticipation, he had caused an accident in which a cyclist died. Consequently, action was initiated for misconduct and enquiry was ordered for misconduct under Regulation 28(ix) of the Employees Conduct Rules, 1963. It would appear that prosecution has been launched by the police for an offence punishable under Section 304, Part II, I.P.c. and in some cases under Section 338 I.P.C. and they are pending trial. Therefore, the respondents filed writ petition in the High Court for stay of the departmental proceedings. The learned single Judge stayed the proceedings. On appeal, the Division Bench confirmed the same. Thus, these appeals by special leave.;


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