D.R.K. Reddy v. The Depot Manager, Apsrtc, Rajahmundry Depot,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND SIXTEEN

Present

Between:

D.R.K. Reddy, S/o. Laxmana Reddy, A/o. 49 years, Occ: Driver: E.600172, R/o.37/1/33-1, Kondapalli vari Street, Rajahmundry, E.G. District.

.. Petitioner AND The Depot Manager, A.P.S.R.T.C., Rajahmundry Depot, East Godavari District & 2 others .. Respondents The Court made the following:

ORDER:

The petitioner is a driver. On 24.11.2015, charges were framed against the petitioner and he was asked to submit his explanation. On the same day, he was also placed under suspension. This writ petition is filed challenging the order of suspension.

2. Learned counsel for the petitioner submits that an Enquiry Officer is appointed and date of enquiry is fixed on 29.01.2016. Learned counsel for the petitioner apprehends that the reading of the charge memo would disclose that the disciplinary authority has pre-determined the punishing of the petitioner on the charges levelled against him.

3. The grounds urged in the writ petition touch upon the merits of the allegations made in the charge sheet which is the subject of enquiry. It cannot be presumed at this stage that the disciplinary authority is pre-determined and that no enquiry is conducted in proper manner.

4. It is agreed by both the learned counsel that since the Enquiry Officer is already appointed and the date of enquiry is fixed, the writ petition may be disposed of directing the disciplinary authority to conclude the disciplinary action, as

expeditiously as possible, without expressing any opinion.

5. Since the date of enquiry is fixed, it is open for the petitioner to appear before the enquiry authority and make all submissions, as warranted, in support of his contention and it is hoped and expected that the Enquiry Officer shall follow the procedure as envisaged.

6. Having regard to the fact that the Enquiry Officer is already appointed and a date for enquiry is fixed, the Writ Petition is disposed of, without expressing any opinion on merits, directing the disciplinary authority to conclude the disciplinary proceedings, as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _____________________ P.NAVEEN RAO, J Date: 27th January, 2016 Note: Issue C.C. in two (2) days.

(B/o.) KL

Date: 27th January, 2016 KL