A.U. Khan v. Telangana State Road Transport Corporation

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.14211 of 2018 ORDER:

This writ petition is filed challenging the proceedings dated 12-04-2018, wherein and whereby the petitioner was suspended on the allegation that the petitioner consumed alcohol.

Learned counsel for the petitioner says that without getting test report, the petitioner was suspended. Sri A.Ravi Babu, learned Standing Counsel for the respondent-Corporation brought to my notice that charge memo is issued on 12-04-2018, wherein serious allegations are made, which are as under:

" On 03-04-2018 at about 20.30 hours, the bus bearing No.TS01Z-0139(S/L) was stopped by the passengers at Ramayampet suspending that you have consumed alcohol and driving the bus intoxicated condition while you were performing duty on route Hyderabad-Adilabad and you have failed to issue tickets to the bus passengers. Further the AM(T)/KMR has also reported that you have tested with TEXAL TECH Breath Analyzer in the presence of SM/KMR, SDI/KMR, on duty Controller, KMR and Depot Manager, KMR and found that you were intoxicated condition with 225mg/100ml, which shows gross negligency towards your duties and caused inconvenience to the traveling public besides tarnishing the image of the Corporation." The impugned order of suspension is only pending enquiry. The truth or otherwise of the allegations will be gone into in the enquiry. Ordinarily this Court will not interfere

with the order of suspension pending enquiry, unless the same is without jurisdiction or arbitrary. It is not the case of the petitioner that impugned order is issued without jurisdiction. In view of the same, I do not see any reason to interfere with the order of suspension. It is stated that charge-memo is issued and the petitioner has already filed explanation to the same.

Having regard to the above, the competent authority is directed to consider the explanation submitted by the petitioner and take action in accordance with law. Subject to above observations, the writ petition is dismissed. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 23-04-2018 Nvl