M.Ali, v. The Andhra Pradesh State Road Transport Corporation,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND SIXTEEN

Present

WRIT PETITION No.3473 of 2016 Between:

M. Ali, S/o. M. Abdul Khadar, Age: 40 years, Occ: Driver E.No.577044, R/o. Kurumala Village, Nalamada Mandal, Anantapuram District.

.. Petitioner AND The Andhra Pradesh State Road Transport Corporation, Rep. by its Vice Chairman and Managing Director, Musheerabad, Hyderabad & 2 others .. Respondents The Court made the following:

WRIT PETITION No.3473 of 2016 ORDER:

The petitioner is a driver. Alleging that on 18.06.2016 when the petitioner was on duty, he stopped at a place which is not designated for stopping the bus for 20 minutes and thereby violated the guidelines of the respondent Corporation, the checking authority served a charge memo on him on the spot. Subsequently, it appears the checking authority have complained to the disciplinary authority that the petitioner indulged in abusing the inspection authority and used filthy language. Alleging grave indiscipline on the part of the petitioner: 1) on the stopping of the bus unauthorizedly; and 2) for misbehaving with the checking officials, charge sheet, dated 28.01.2016, is served on the petitioner and simultaneously he is placed under suspension.

2. It is not the case of the petitioner that the Depot Manager is not competent to suspend the petitioner. Based on the prima facie material on record, the disciplinary authority has placed the petitioner under suspension. It cannot be said that the disciplinary authority has arbitrarily exercised the power and authority or there was no application of mind. Since charge memo is already issued, in the interests of justice and to balance the considerations of both parties, I am of the opinion that justice would serve if the disciplinary authority is directed to complete

the enquiry within a period of six (6) weeks from the date of receipt of copy of this order. For any reason not attributable to the petitioner, if the enquiry is not completed within a period of six (6) weeks from the date of receipt of copy of this order, the suspension shall be revoked. However, it is open to the competent authority to post the petitioner to any other place.

3. With the above observations, the Writ Petition is disposed of. 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: 5th February, 2016 KL

WRIT PETITION No.3473 of 2015 Date: 5th February, 2016 KL