L.Surya Kanth v. State Of Telangana

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 549 of 2018 Order:

Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

The petitioner joined the service of the respondent Corporation as a Conductor on 22.12.2008 and his services were regularized with effect from 01.01.2011. He was suspended from service on 15.12.2017 and a charge sheet was issued levelling following allegations. "Charges:

1. For having violated the rule Issue and Start which constitutes misconduct in terms of Regulation 28 (xxxii) of TSRTC Employees (Conduct) Regulation 1963.

2. For having collected Rs.30.00 from a passenger and issued Rs.26.00 ticket instead of actual fare Rs.29.00 and shown Rs.1.00 due on reverse side of ticket who boarded your bus at Lunger House i.e., stage No.7 and bound for Damaragidda i.e., stage No.23 resulting loss of legitimate revenue to the Corporation which constitutes misconduct in terms of Reg.28 (ix) and (x) of TSRTC Employees (Conduct) Regulations 1963." The petitioner submitted his explanation to the said charge sheet and the enquiry is pending. At that stage, the present Writ Petition is filed. Learned counsel for the petitioner submits that since the petitioner issued ticket to the passenger covered by Charge No.2 and by the time of checking the bus at Chevella the passenger was holding the ticket, the first charge is unsustainable.

With regard to second charge also he submits that at the request of the passenger only the petitioner issued proper ticket and the passenger did not get down at the required destination but wanted to continue the journey. The charges were framed as if he committed irregularity. This requires enquiry and this Court cannot interfere at this stage.

In the circumstances, this Writ Petition is disposed of directing the respondents to complete the enquiry as expeditiously as possible, but not

later than three (3) months from the date of receipt of a copy of this order, by giving due opportunity to the petitioner. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ A. RAMALI NGESWARA RAO, J Date: 05.01.2018 Nsr