D. Gangadhara Rao, v. Andhra Pradesh State Road Transport Corporation

HON'BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.17613 of 2015 ORDER:

Heard Sri P. Govinda Rajulu, learned counsel appearing for the petitioner and Sri P. Durga Prasad, learned standing counsel for the respondents-APSRTC.

2. The petitioner is working as Conductor in 2nd respondent Depot. A co-employee of the petitioner lodged a report with the police against him stating that he misbehaved with her. Basing on the said report, a case in Cr.No.35 of 2015 for the offence under Section 3(1)(x) (xi) of the SCs and STs (POA) Act, 1989 and sections 354 and 506 of IPC was registered against the petitioner and the same is under investigation. The petitioner was arrested and after some time, he was released on bail. In the meanwhile, the respondents passed an order dated 02.04.2015 suspending the petitioner from service and a charge sheet was also issued to him proposing disciplinary enquiry. Learned counsel appearing for the petitioner submits that he was falsely implicated in a criminal case by the co-employee and the suspension order requires to be revoked.

On the other hand, learned standing counsel for the Corporation submits that a direction can be issued in the present case to complete the enquiry within stipulated period and the suspension order can not be revoked when the offence alleged against the petitioner is grave in nature.

3. Having gone through the submissions made on either side, the writ petition is disposed of directing the respondents to complete the enquiry against the petitioner after receiving his explanation, within a period of eight (8) weeks from the date of receipt of a copy of this order. If the enquiry is not completed within the stipulated period, the suspension order shall stand revoked. Miscellaneous applications, if any, shall stand closed. No order as to costs.

__________________ R. KANTHA RAO, J Date: 19.06.2015 BSS HON'BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.17613 of 2015

Date: 19.06.2015 BSS