K.Srinivas v. Telangana State Road Transport Corporation

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32228 OF 2018 DATED :11.09.2018 Between :

K.Srinivas S/o.Pocham, Aged about 43 yrs, Occu : Driver, E-851679, R/o.Bopparam Village, Nennel Post and Mandal, Mancherial District.

..

Petitioner And Telangana State Road Transport Corporation, Rep., by its Managing Director, Bus Bhavan, RTC X Roads, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32228 OF 2018 ORDER :

Heard learned counsel for the petitioner and learned Standing Counsel for TSRTC for respondents.

2.

Petitioner is placed under suspension on the ground of his involvement in a criminal case. It is not in dispute that petitioner was in custody for more than 48 hours. Thus, the moment an employee is in custody for more than 48 hours he is deemed to be under suspension. Therefore, there is no need for formal order of suspension. Contending that as petitioner is now continued under suspension though the incident has nothing to do with his employment, learned counsel for the petitioner seeks leave of the Court to prefer an appeal/representation to the Divisional Manager who is the higher authority in rank to the Depot Manager, requesting to review his suspension.

3.

In view of the same, liberty is granted to the petitioner to prefer appeal/representation to the Divisional Manager, Adilabad Region, Adilabad District, ventilating his grievance that against continuing him under suspension on a private offence, which has nothing to do with his employment. If such a representation is made, the Divisional Manager is directed to examine the claim and the desirability of further continuation of petitioner under suspension and to take a decision, as warranted by law, as expeditiously as possible, preferably within

- 3 - a period of four (4) weeks from the date of submission of such representation/appeal.

4.

With the above directions, the Writ Petition is disposed of. Pending miscellaneous petitions shall stand closed. __________________ P.NAVEEN RAO,J 11th September, 2018 Rds