S.Prabhakar Rao v. The Depot Manager

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.29628 OF 2018 Dated:23.08.2018 Between:

S. Prabhakar Rao, S/o. Satyanarayana, Aged 55 years, Occ: Conductor (E.No.306149), Sathupally Depot, R/o.H.No.17-11/1, Nethaji Road, Sathupally, Khammam District .. Petitioner And The Depot Manager, Sathupally Depot, T.S.R.T.C., Sattupally, Khammam District and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.29628 OF 2018 ORDER:

Heard.

2.

Petitioner is aggrieved by the order of suspension as well as initiation of disciplinary proceedings against him. 3.

However, having regard to the submissions of learned Standing Counsel for the respondent - Corporation, learned counsel for the petitioner restricts the claim in the Writ Petition to suspension of petitioner from service. Thus, the claim of the petitioner in the Writ Petition is confined to the validity of the suspension of the petitioner.

4.

Having regard to the allegation of demanding from the passenger to show proof of age of the passenger's children and the complaint made by the passenger that petitioner behaved rudely, the Court is of the opinion that suspension is not warranted. 5.

At this stage, learned Standing Counsel for the respondent - Corporation requests that the disciplinary authority be permitted to continue the enquiry notwithstanding the order of setting aside the order of suspension.

6.

Having regard to the said submission, while setting aside the order of suspension of petitioner, liberty is granted to the respondent - Corporation to continue with the disciplinary action against him. Petitioner shall file his explanation and cooperate in conducting enquiry. The enquiry shall be concluded as

expeditiously as possible preferably within six weeks from the date of receipt of a copy of the order. It is open to the petitioner to raise all pleas as available in law, including the contentions urged in this Writ Petition, and all his pleas are preserved to be agitated in appropriate proceedings.

7.

The Writ Petition is accordingly allowed. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:23.08.2018 Note:- Issue C.C. in three (3) days (B/o) KH