Telangana High Court
WP/21007/2004 of G. Mallaiah S/o Kistaiah Vs The Depot Manager, APSRTC., on 29 December 2004
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 : 21007 of 2004 Between: G. Mallaiah, S/o Kistaiah, Hindu, aged 57 years, Occ: RTC
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 : 21007 of 2004
Between:
G. Mallaiah, S/o Kistaiah, Hindu, aged 57 years, Occ: RTC Driver, R/o Miryalaguda, Nalagonda District.
AND
..... PETITIONER
The Depot Manager, APSRTC., Bus Depot,Miryalaguda, Nalgonda District
.....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 or order or direction more particularly one in the nature of Writ ofMandamus by declaring the action of the Respondent in Suspending the petitionerby its order dated 19-10-2004 passed in NO. 02/802(1)/04-MLG as illegal, arbitraryand set -aside the same and to pass such other order or orders.
Counsel for the Petitioner: MR.RAJA REDDY KONETICounsel for the Respondent: MR.V.T.M.PRASAD
The Court made the following:
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ORDER:
Challenging the suspension order dated 19.10.2004 passed in No.02/802(1)/04-MLG, the present writ petition is filed.
2. Learned counsel for the petitioner contended that a small iron piece was found inthe luggage carrier when the bus is being taken out from the garage. Therefore, thepetitioner was placed under suspension. Learned counsel for the petitioner furthercontended that the matter is so trivial and suspension could not have been ordered.Hence, he prays to quash the proceedings.
3. As seen from the suspension order, a spring blade piece consisting 19” x 3” waskept in the luggage carrier. What is the value of the iron blade is not known. Thesame was found in the luggage rack. When the security guard asked for petitioner’sstatement in writing, he kept the bus at the main gate for two hours without giving forservice, which constitutes misconduct.
4. Though the incident has taken place on 05-10-2004, the petitioner is not placedunder suspension immediately. Thereafter the suspension order was passed on 19-10-2004. If really, the alleged acts committed by the writ petitioner are so grievous soas to warrant suspension, the competent authority would have suspended himimmediately. For about 15 days the competent authority did not take any action andthereafter, suspension order is passed.
5. As rightly contended by the learned counsel for the petitioner that the charges arevery trivial in nature, the suspension order can be revoked.
6. The writ petition is allowed setting aside the suspension order dated 19.10.2004lpassed in No.02/802(1)/04-MLG directing the respondent to reinstate the petitionerinto service and proceed further with departmental enquiry as per the rules andregulations of the Corporation.
Date: 29[th] December 2004.
BSB
Note:Issue C.C. in a week.
// B.O //BSB
// TRUE COPY //
To
1. The Depot Manager, APSRTC., Bus Depot,Miryalaguda, Nalgonda District ____________
K.C.BHANU,J.
ASSISTANT REGISTRAR
SECTION OFFICER