Sk Riyaz v. The Managing Director

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.11137 of 2019 ORDER :

With the consent of both the counsel, this writ petition is being disposed of at the stage of admission.

This writ petition is filed seeking the following relief :- " ......... to issue a writ order or direction especially one in the nature of Writ of Mandamus declaring that (a) proceedings issued by the 2nd respondent in T.S.R.T.C.No.PA/ 836(1)/ 2019SPL, dt.16.5.2019 as illegal and arbitrary and discriminatory violating Articles 14 & 16 of the Constitution of India (b) petitioner is entitled to be reinstated into service forthwith ........" .

Heard Mr.M.Srinivasa Rao, learned counsel for petitioner and the learned Standing Counsel for respondents. It has been contended by the petitioner that he is working as driver. While discharging his duties on 11.05.2019, it was alleged that the petitioner had allowed and permitted un-accompanied luggage of E.5 mango bags, E.1 rice bag and E.4 carton boxes containing mangoes without passenger, thereby, violated the Rules and Regulations of the Corporation. On the same day, a charge memo was issued and the petitioner has submitted explanation to the said charge Memo denying the allegation levelled against him. The grievance of the petitioner is that placing the petitioner under suspension for trivial issue is unwarranted and let the petitioner be reinstated into service and let the enquiry be continued against the petitioner.

Learned counsel for petitioner has contended that appropriate orders be passed in the writ petition directing the respondents to reinstate the petitioner into service and the petitioner is willing to co-operate with the disciplinary authorities to conclude the disciplinary proceedings initiated against him. Learned Standing Counsel appearing for respondents has contended that since the petitioner has indulged in grave irregularity and was illegally transporting goods without passengers, the petitioner was placed under suspension and he was charge-sheeted. He further submits that the disciplinary proceedings initiated against the petitioner will be concluded within four weeks and appropriate orders would be passed in accordance with law.

This Court, having considered the rival submissions of the learned counsel for the respective parties, without expressing any opinion on the merits of the case, is of the considered view that this writ petition can be disposed of directing the respondents to conclude the disciplinary proceedings initiated against the petitioner within four weeks from the date of receipt of a copy of this order. With the above observations, the writ petition is disposed of. No order as to costs.

As a sequel, miscellaneous petitions pending, if any, in this writ petition shall stand closed.

__________________________________ JUSTICE ABHINAND KUMAR SHAVILI 10.06.2019 Prv