Smt J.Nagamani, v. The Apsrtc

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION NO.30843 OF 2016 ORDER:

The case of the petitioner is that she is working as Conductor in 3rd respondent's depot. While so, it appears that on 01-08-2016, she was asked to sell Vanitha Card and Navya Renewal and she sold the cards of a value of Rs.250/-. After selling the cards, she closed the box and attended the duty on 02-08-2016. On 03-08-2016, the Superintendent called her to open the lock of the box and noticed that she sold some of the cards of a value of Rs.250/-, but she did not deposit the same. In the circumstances, she was placed under suspension, vide proceedings, dated 04-08-2016 and she was also issued charge sheet after conducting preliminary enquiry on the same day. The petitioner submitted her explanation on 15-08-2016. Challenging the order of suspension, the present writ petition is filed.

2.

The charges levelled against the petitioner are thus: "1. For having not remitted the sale proceeds of Rs.250/- towards sale of Cat Card and misappropriate the legitimate earnings of the Corporation when performed duty at Tuni Bus Station control point on 01-08-2016 which constitutes mis-conduct under Regulations No.28 (X) of APSRTC Employees (Conduct) Regulations, 1963.

2. You have failed to remit the case in time and not informed the matter to your superiors even after lapse of two days which shows concealing the fact in nature which constitutes mis-conduct under Regulations No.28 (XXXI) of APSRTC Employees (Conduct) Regulations, 1963." 3.

In view of nature of charges, this Court is not inclined to interfere with the order of suspension at this stage. But, however, the 3rd respondent is directed to consider the explanation submitted by the petitioner and if he feels that the charges are trivial in nature, he can pass appropriate orders taking into over all facts into consideration. If the 3rd respondent feels that it is a case for conducting enquiry, he is at liberty to conduct enquiry with

regard to charges and complete the same within a period of four weeks from the date of receipt of a copy of this order. 4.

Accordingly, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any pending in this writ petition shall stand closed.

_______________________________ A.RAMALINGESWARA RAO, J DATED:14-09-2016 Hsd