IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY THIS THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.20986 of 2014 Between:
Mohd Ismail Shareef . PETITIONER And The APSRTC, Rep.by its Vice Chairman & Managing Director, Bus Bhavan, RTC X Road, Hyderabad and another . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.20986 of 2014 ORDER:
This writ petition is filed questioning the order dated 04.07.2014 whereunder the petitioner was suspended pending disciplinary proceedings.
Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents.
The petitioner is a driver in APSRTC. On 30.04.2014 while he was driving Garuda Plus bus on the route from Hyderabad to Shirdi, the bus was involved in the accident. In the affidavit filed in support of the writ petition, the petitioner narrated the circumstances under which the accident took place, stating therein that to avert collision with Auto and Lorry coming in the opposite direction he took right direction and in that process the bus dashed the road divider.
According to the respondents, as seen from the show cause notice issued to the petitioner, the damage caused to the bus is to the tune of Rs.25 lakhs, which the petitioner denies.
Though the matter underwent several adjournments, the respondents did not file any counter.
The learned counsel appearing for the petitioner invited the attention of this Court to the Circular No.23/83-OPD-CC, dated 18th April, 1983, which shows that in respect of damage caused to the Corporation Vehicles, maximum amount of Rs.1,000/- per month has to be recovered in installments from the responsible driver of the vehicle. The petitioner says that he is willing to pay the said amount every month, but the officials of the respondents Corporation did not heed his request.
In the aforesaid circumstances, without going into the merits of the case, I am of the view that pending disciplinary proceedings, suspension of the petitioner is not warranted. Accordingly, the order of suspension dated 04.07.2014 is set aside. The respondents are directed to admit the petitioner to discharge his duties within a period of 15 days from the date of receipt of a copy of this order. The respondents are also directed to complete the enquiry against the petitioner within a period of 3 (three) months from the date of receipt of a copy of this order.
The Writ Petition is accordingly disposed of. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date: 07.10.2014 Dsr Note:
Furnish copy tomorrow B/o Dsr