Mrk Reddy, v. Andhra Pradesh State Road Transport Corporation

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.40685 OF 2017 ORDER:

The petitioner has been working as Driver in Rajole. He was on duty on 22.06.2017 in the bus from Appanapally to ECIL along with his co-driver, J.P.Rao. It appears that some altercation took place inside the bus. He was placed under suspension by proceedings dated 23.10.2017, on the ground that a complaint was lodged by a passenger on 30.06.2017 relating to the non-deposit of the amount handed over to the driver and found by the complainant.

A reading of the complaint shows that the complainant noticed one bundle of Rs.2000 notes left by another passenger while disembarking from the bus. The complainant states that he handed over the money to the driver in order to handover the same to the Depot Manager, but proceeded to Hyderabad in the same bus. Later on, he came to know that the amount was not deposited with the Depot Manager and accordingly, he lodged a complaint against the Driver. The complaint was lodged on 30.06.2017 and a preliminary enquiry was completed on 22.07.2017. The petitioner is now placed under suspension by order dated 23.10.2017 on the basis of the preliminary report. A reading of the complaint does not appear to be genuine, but however, the enquiry is pending in respect of the said complaint. The petitioner has to face the enquiry.

Since the preliminary enquiry was already completed and it does not relate to the actual duties discharged by the petitioner and there is no possibility of tampering any evidence by continuing the petitioner in service, this Court feels that the suspension of the petitioner is not warranted in the facts and circumstances of the case.

The writ petition is accordingly allowed by setting aside the order dated 23.10.2017. Liberty is given to the respondents to conduct enquiry. It is needless to observe that the petitioner shall cooperate with the enquiry. Consequently, miscellaneous petitions, if any pending, in this writ petition, shall stand closed. There shall be no order as to costs. __________________________ A.RAMALINGESWARA RAO, J 12.12.2017 Note: Dispatch order copy by 14.12.2017.

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