HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY THIS THE FIRST DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.17056 of 2014 Between:
Ch.Durgaprasad . PETITIONER And The APSRTC, rep.by its Managing Director, RTC Cross Road, Musheerabad, Hyderabad and another . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.17056 of 2014
ORDER:
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the order of the suspension issued by the 2nd respondent vide proceedings No.M1/475(01)/2014- MNGL, dated 15.04.2014 as illegal, arbitrary and violative of principles of natural justice.
The petitioner who is a Mechanic in the respondent corporation was suspended on the allegation that he attended the duty in intoxicated condition. The version of the petitioner is that a constable attached to the Depot falsely got him involved in this case and the suspension order was made without conducting any medical test and without there being any sufficient material against him.
This Court is of the view that having regard to the nature of the charge, if the enquiry is not completed within a reasonable time, it would result in huge loss to the petitioner.
Therefore, the Writ Petition is disposed of with a direction to the respondents to complete the enquiry after following due procedure against the petitioner within a period 6 (six) weeks from the date of receipt of a copy of this order. In the circumstances there shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date: 01.07.2014 Dsr