THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.19289 OF 2014 Between:- G.Subba Reddy.
…Petitioner And The Vice Chairman & Managing Director, APSRTC., Bus Bhavan, Musheerabad, Hyderabad and another.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.19289 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondent Corporation.
This writ petition is filed seeking to issue a writ of mandamus, declaring the action of 2nd respondent in issuing the suspension order vide proceedings No.02/95(41)/2014-NRPT dated 19-6-2014 as illegal, arbitrary, unjust and set aside the same and consequently direct the respondents to reinstate the petitioner into service as a conductor forthwith.
The petitioner was working as a conductor in respondent corporation and he was issued a charge memo pursuant to the surprise check conducted by the checking staff and the following charges were leveled against the petitioner:-
1. “For having failed to observe the rule “collect the correct fare and correct ticket issue”, which constitutes misconduct under Reg.28 (xxxii) of APSRTC Employees Conduct Reg.1963.
2. For having collected Rs.27/- towards fare from a lady passenger and issued tickets worth of Rs.17/- i.e, 487/168069 of Rs.10/- and 778/525592 of Rs.7/-, thus issued lower denomination ticket; she boarded the bus at Doultabad and bound for Kyathanpally ex-stages 17 to 95, which constitutes misconduct under Reg.28(vi.a) of APSRTC Employees Conduct Reg.1963.
3. For having closed the ticket numbers of all denominations in the STAR document up to stage No.7 without observing the discrepancies, which constitutes misconduct under Reg.28 (xxxii) of APSRTC Employees Conduct Reg.1963”
According to the petitioner, there was lot of disturbance in the bus caused by the passengers at the relevant point of time and under confusion, he issued Rs.7/- ticket along with Rs.10/- ticket instead of Rs.20/- ticket and subsequently, the difference amount was collected from the passenger concerned. The petitioner was suspended on 19-6-2014.
In view of the trivial nature of the charge and considering the fact that the petitioner was kept under suspension, the respondents are directed to complete the proposed enquiry within a period of six weeks from the date of receipt of copy of this order.
With the aforesaid direction, the writ petition is disposed of. No order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 11-07-2014.
Note:
Issue CC in (3) days. B/o Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.19289 OF 2014 Date: 11-07-2014 Shr