S.Buchaiah v. The Vice Chairman And Managing Director,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.29791 of 2016 ORDER:

The petitioner was appointed as a Shramik in the erstwhile A.P.S.R.T.C in the year 1997. Subsequently, he was promoted to the post of Mechanic Grade II. Now, he is working in the respondent No.3 Depot. He fell sick from 01.08.2016 to 10.08.2016 and he submitted a certificate to that effect. He joined duty on 11.08.2016. But, it appears that the Superior Officer sent a report stating that the petitioner was unauthorizedly absent from duty from 01.08.2016 to 10.08.2016. In fact, he was referred to the NIMS and the Corporation Hospital at Tarnaka. However, he was placed under suspension on the allegation that he used abusive language against the Superior Officer for sending absence report during the above period and that was witnessed by another Officer.

A preliminary enquiry was conducted by the Assistant Manager and a conclusion was arrived at. Though the petitioner prima facie used unparliamentary and filthy language against the Section Incharge, when he was placed under suspension by order dated 16.08.2016, the present writ petition was filed. In view of the preliminary enquiry conducted by the Assistant Manager (Traffic), Narsampet Depot, this Court is not inclined to interfere with the order of suspension at this stage.

respondent No.3 is directed to complete the enquiry, within a period of four (4) weeks from the date of receipt of a copy of this order, and pass appropriate orders within the said period of four weeks after affording sufficient opportunity to the petitioner. Any observation made in the present order shall not be construed as an expression on the merits of the case. Accordingly, this Writ Petition is disposed of. No order as to costs. Miscellaneous Petitions pending, if any, shall stand closed.

_______________________________ A.RAMALINGESWARA RAO, J 02.09.2016 MVA