Shaik Fazuluddin v. The Telangana State Road Transport Corporation,

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.13308 of 2016 ORDER:

This Writ Petition filed under Article 226 of the Constitution of India, challenges the order of suspension passed by the Depot Manager, Siddipet, Medak District, vide proceedings No.02/95(14)/2016-SDPT, dated 06.04.2016.

Heard Sri A. Jagan, learned counsel for the petitioner and Sri N. Vasudeva Reddy, learned Standing Counsel for Telangana State Road Transport Corporation, appearing for the respondents apart from perusing the material available to the Court.

The petitioner herein is presently working as Conductor in the respondent Road Transport Corporation. By virtue of the impugned order, dated 06.04.2016, the Depot Manager, Siddipet, third respondent herein, placed the petitioner under suspension pending enquiry into the charges in terms of Regulation No.18(1)(a) of APSRTC Employees (CC&A) Regulations, 1967.

According to the learned counsel for the petitioner, the impugned order of suspension is illegal, arbitrary, unreasonable and unwarranted in the facts and circumstances of the case.

On the contrary, it is the submission of the learned Standing Counsel for the respondent Corporation that there is no illegality nor there exists any infirmity in the impugned action and the present Writ Petition filed questioning the suspension order pending enquiry into the charges is not maintainable in the absence of any irregularity or lack of jurisdiction.

Admittedly, the present impugned order of suspension is only suspension pending enquiry into the allegations levelled against the petitioner. Having regard to the nature of allegations and in the facts and circumstances of the case, this Court is not inclined to scuttle further enquiry into the matter. However, this Court is of the considered opinion that ends of justice would be served if the third respondent is directed to complete the enquiry by fixing timeframe.

For the aforesaid reasons, the Writ Petition is disposed of, directing the third respondent to complete the disciplinary enquiry against the petitioner and pass appropriate orders in accordance with the Regulations, within a period of two months from the date of receipt of this order subject to co-operation by the petitioner. It is also made clear that in the event of non-conclusion of the proceedings before the time stipulated above, the petitioner herein shall be reinstated into service.

Consequently, Miscellaneous Petitions, if any pending in this Writ Petition shall stand disposed of. No order as to costs.

_________________ A.V.SESHA SAI, J 27th APRIL, 2016.

kvni