THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.29975 OF 2014 Between:-
Venkataiah And …Petitioner.
APSRTC, Rep. by its Managing Director, Bus Bhavan, Musheerabad, Hyderabad and another.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.29975 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and the learned standing counsel for APSRTC, appearing for the respondents.
This writ petition is filed seeking a writ of certiorari and quash the impugned order of suspension from service as well as charge sheet issued in proceedings No.P2/399(02)/2014-GLD, dated 22-9-2014 declaring the same as arbitrary, unjust, capricious and in violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to reinstate the petitioner into service with all consequential benefits.
The charge against the petitioner is that he refused to perform duty on 15-09-2014, but the petitioner submits that he was suffering from dysentry and was admitted as inpatient in A.P.Vaidya Vidhan Parishad Hospital, Gadwal and the Admission Card is made part of the material papers in the writ petition, which shows that the petitioner was admitted with the complaint of dysentry in the hospital. In any event, the absence of the petitioner from duty is for one day.
Having regard to the trivial nature of the charge, I am of the view that the petitioner is not supposed to be kept under suspension pending enquiry.
In the aforesaid circumstances, the suspension order is hereby revoked and the respondent corporation is directed to complete the enquiry within a period of two months from the date of receipt of a copy of this order.
The writ petition is disposed of accordingly at the stage of admission. There shall be no order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 8-10-2014 Note:
Issue CC in (3) days B/o Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.29975 OF 2014 Date:8-10-2014 Shr.