M.Phanisena v. Telangana State Road Transport Corporation

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.12058 OF 2019

ORDER

This writ petition is filed seeking the following relief: "....to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of respondent No.3 herein in issuing the suspension order dt 18-05-2019 bearing No.01/114 (O4)/201-JDM and charge sheet simultaneously without affording reasonable opportunity of being heard to the petitioner as being illegal, arbitrary, unilateral and unjust and consequently set aside the same and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of justice."

Heard Sri G.Rajesh, learned counsel appearing for the petitioner, and Sri N.Vasudeva Reddy, learned Standing Counsel appearing for the respondent-Corporation.

It is the case of the petitioner that he is working as Electrician. While so, the respondents have placed the petitioner under suspension vide proceedings dated 18.05.2019 on the premise that he used un-parliamentary language, shouted at V.Srinivas loudly and disturbed the work of some of the garage staff. On the same day, the respondents have issued the charge sheet. Learned counsel appearing for the petitioner submits that the charges levelled against the petitioner are all false and incorrect; that the petitioner has submitted a detailed explanation to the said

charge sheet on 23.05.2019; and that without considering the said explanation, the respondents have placed him under suspension. Learned Standing Counsel appearing for the respondents submits that the disciplinary authority had already appointed an Enquiry Officer and that the enquiry will be concluded within a period of two months.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the considered view that the petitioner has not raised any legal grounds for setting aside the suspension order as well as the charge sheet dated 18.05.2019. Since the learned standing counsel stated that the enquiry will be concluded within a period of two months, this Writ Petition is disposed of directing the respondents to conclude the enquiry against the petitioner as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order, failing which, the respondents shall reinstate the petitioner into service. No costs.

Miscellaneous petitions, if any, pending shall stand closed. ________________________________ JUSTICE ABHINAND KUMAR SHAVILI 19th June, 2019 rkk