The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.33739 of 2014 Dated 10.11.2014 Between: E.Yadaiah …Petitioner And The Managing Director APSRTC, State of Telangana Hyderabad and 2 others …Respondents Counsel for the petitioner: Mr.N.Mukunda Reddy Counsel for the respondents: ---
The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to set aside show cause notice No.O2/885(2)/06-RM- NLG, dated 24.08.2013, issued by respondent No.2.
The petitioner pleaded that he was appointed as ticket booking agent for non-stop services between Nalgonda and Hyderabad; that on 24-08- 2013, a check was made in respect of a non-stop bus; and that it was, allegedly, found that having collected Rs.89/- towards fare, the petitioner has issued ticket only for Rs.47/- as if it was issued to a physically handicapped person. Following the said check, the petitioner’s agency was suspended and a show cause notice was issued to him on 24.08.2013 itself. The petitioner averred that in response to the said show cause notice, he has submitted his explanation on the same day. Since no order has been passed thereafter, the petitioner has filed this Writ Petition questioning the very show cause notice.
In my opinion, the petitioner cannot question the show cause notice as it is not his pleaded case that respondent No.2, who issued same, inherently lacks jurisdiction. At the most, the petitioner can only legitimately question the inaction of respondent No.2 in passing a final order on the said show cause notice.
Having regard to the above-noted facts of the case, respondent No.3 is directed to pass a final order on the show cause notice issued to the petitioner, after considering the explanation stated to have been submitted by him, if no order has so far been passed, and communicate the same to him within two weeks from the date of receipt of this order.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel, WPMP.No.42198 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 10th November, 2014
LUR