Telangana High Court

WP/24489/2004 of Ch. Laxmaiah, Vs The Depot Manager, APSRTC, on 29 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24489 of 2004 Between: Ch. Laxmaiah, S/o. Venkaiah, E.No. 74279, Falaknuma Depot,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE K.C. BHANU

WRIT PETITION NO : 24489 of 2004

Between:

Ch. Laxmaiah, S/o. Venkaiah, E.No. 74279, Falaknuma Depot, Hyderabad, R/o. H.No. 8-8, Mythrinagar, Dilsukhnagar, Hyderabad.

AND

..... PETITIONER

The Depot Manager, APSRTC, Falaknuma Depot, Hyderabad.

.....RESPONDENT

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ, order or direction particularly one in the nature of Writ of Mandamusdeclaring the action of the respondent in issuing suspension order in hastily within(5) days by modifying the Top Punch tickets from give (5) to six (6) of Rs. 3/-impleading himself as a party to one extra Top punch ticket of Rs. 3/- showing hispersonnel interest, without awaiting the (7) days period from the date of issuingcharge memo to submit explanation and avail the opportunity provided to submitexplanation within (7) days and depriving the petitioner from submitting hisexplanation, and consequential benefits and issuing directions to the respondentthat the action taken by the interested party who impleaded himself as party to thecharge and issuing suspension order NO. 02/95/(46)/2004-FM, dated 10.12.2004within the prescribed time and also refusing to accept the charge sheet explanationon 22.12.2004 stating ought to be submitted on 21.12.2004 is as illegal, unjustcontrary to law and in violation of principles ofl natural justice by granting allconsequential benefits and set aside the suspension order No. 02/95(46/2004-FM,dated 10.12.2004, and pass such other order or orders as this Hon’ble Court maydeem fit and proper in the circumstances of the case.

Counsel for the Petitioner:MR.MOHD.GHOUSEUDDIN

Counsel for the Respondent No.: MR.V.T.M.PRASAD, STANDING COUNSELFOR APSRTC

The Court at the stage of admission, made the following :

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ORDER:

Challenging the suspension order dated 10.12.2004, the present writpetition is filed.

The learned counsel appearing for the petitioner contended thatwithout receipt of the explanation from the petitioner, the suspensionorder has been passed by the respondent, even though a chargememo was issued to him on 6.12.2004. Hence, prays to allow the writpetition.

The learned Standing Counsel appearing for the respondent-Corporation opposed the same. The impugned proceedings are onlysuspension pending enquiry, with regard to the series of ticketirregularities, committed by the petitioner. His allegation is that thepetitioner collected the amount of Rs.15/- from five individual passengers and not issued the tickets.

The authority or jurisdiction of the person who issued thesuspension order is not under challenge. Therefore, there are nogrounds to interfere with the suspension order. The suspension orderis completely in accordance with the Rules and Regulations of theCorporation.

Therefore, the writ petition is devoid of merit and the same isdismissed at the stage of admission. However, the respondent-Corporation is directed to complete the enquiry within a period of twomonths from the date of receipt of a copy of this order.

___________

29.12.2004

bsv

1. The Depot Manager, APSRTC, Falaknuma Depot, Hyderabad.2. 2 CD copies2. 2 CD copies

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