High Court for State of TelanganaWP/23519/2015disposed of no costs

K. Ranga Nayakulu v. The Andhra Pradesh State Road Corporation

2015-07-29R.Kantha Rao2 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** WRIT PETITION NO.23519 OF 2015 Between:

K.Ranga Nayakulu.

...PETITIONER AND

1. The Andhra Pradesh State Road Corporation, rep.by its Managing Director, Musheerabad, Hyderabad and two others. ...RESPONDENTS SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE R.KANTHA RAO

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? Yes/No

2. Whether the copies of judgment may be marked to Law Reporters/Journals? Yes/No

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.23519 OF 2015 ORDER:

This Writ Petition is filed to declare the action of the respondents in issuing suspension order vide Proc.No.01/152(01)/15-

GNT-I dated 21.05.2015 as illegal, arbitrary and contrary to the APSRTC (CCS) Regulations and to set aside the same by revoking the suspension order with all consequential benefits. The petitioner was suspended by order dated 21.05.2015 on the ground that he attended duty after consuming alcohol. Learned counsel appearing for the petitioner submitted that the petitioner did not consume any alcohol and that after inspection, the petitioner developed chest pain and was admitted in hospital and that the doctor, who examined him, issued a Medical Certificate stating that the petitioner did not consume alcohol.

However, the order impugned is an order of suspension pending enquiry and whether the petitioner consumed alcohol while on duty is a question, which has to be decided by the Enquiry Officer at the time of the enquiry after going through the evidence adduced during the enquiry.

Therefore, the Writ Petition is disposed of directing the respondents to conduct an enquiry and complete the same within a period of four (4) weeks from the date of receipt of a copy of this order, failing which, the petitioner shall be reinstated. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

_______________ (R.KANTHA RAO, J) 29th July 2015 Note: Issue CC by tomorrow B/O RRB