S. Azam Baba, v. Andhra Pradesh Road Transport Corporation,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.38803 of 2017 ORDER:

The petitioner states that he is working as a Helper in the first respondent Corporation since 1993. He is suffering from Fits. His younger brother was a Mechanic and later on he was appointed as a Garage Secretary in the second respondent depot. He is also a Union Leader. While so, on 24.09.2017 when the petitioner was allotted general shift duty from 8:00 hours to 16:00 hours, he went out for having tea after completion of his work. While going out of the main gate he obtained permission of the security guard. While he was having tea, he got severe head ache and symptoms of Fits and then he informed his colleague, who called his son over mobile phone and informed him about the situation.

When he reported for duty on the next day, he was not allowed to attend the duty by the Supervisor who was instructed by the second respondent not to permit the petitioner to duty. It appears that a preliminary enquiry was conducted against the petitioner and on the basis of the preliminary enquiry report, the petitioner was kept under suspension on 03.10.2017 and was also issued a charge sheet alleging that he was absent from duty at 15:00 hours on 24.09.2017 and he ran away from the main gate while his tiffin box was sought to be checked. Challenging the order of suspension, the present Writ Petition is filed.

Since the charge sheet was issued to the petitioner pursuant to the preliminary enquiry, this Court is not inclined to interfere with the enquiry process at this stage. But, since the allegation is not a major allegation, this Court feels that the enquiry can be completed as expeditiously as possible, and hence, this Court directs the second respondent to complete the enquiry within a period of three months from the date of receipt of a copy of this order and pass appropriate orders in accordance with law after giving due opportunity to the petitioner.

The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. ________________________________ (A.RAMALINGESWARA RAO, J) 17.11.2017 vs