D.S.N.V.M.S. Kumar, v. The Andhra Pradesh State Road Transport Corporation

HON'BLE SRI JUSTICE R. KANTHA RAO W.P.No.31870 of 2015 ORDER:

This writ petition is filed seeking to declare the action of the 2nd respondent in issuing charge sheet dated 29.08.2015 and consequential suspension order as illegal and arbitrary. The petitioner is Conductor in the respondent-Corporation at Bhimavaram. While he was on duty, check was conducted at Gudivada Bus Stand and charge memo was issued to him alleging that two lady passengers travelling from Vijayawada asked for one ticket for Kalidindi and one ticket for Mudinepalli by giving Rs.120/- and that the petitioner has rightly issued one ticket for Mudinepalli but he has issued another ticket for Gudivada instead of Kalidindi and returned Rs.12/-.

Learned counsel appearing for the petitioner submits that the allegations levelled in the charge memo issued to the petitioner do not constitute any misconduct under the Regulations of the Corporation. He further submits that the bus was inspected at Gudivada depot and there was no possibility for the petitioner to issue tickets to the passengers or to verify the ticketless passengers with the number of tickets. Therefore, learned counsel seeks to revoke the order of suspension passed against the petitioner. On the other hand, learned Standing Counsel appearing for the respondent-Corporation would submit that the order impugned in this writ petition is an order of suspension pending enquiry and therefore, the same needs no interference.

Having gone though the submissions made by the learned counsel on either side, the Writ Petition is disposed of directing the 2nd respondent to complete the enquiry within a period of eight weeks from the date of receipt of a copy of this order duly considering the submissions made by the petitioner in the explanation submitted by him, failing which the suspension order shall stand revoked. No costs. Miscellaneous petitions pending, if any, shall stand closed.

_________________________ JUSTICE R. KANTHA RAO 1st October, 2015 rkk