IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 9487 of 2011 Between: P.Ananda Kumar …PETITIONER AND The Managing Director and another ....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 9487 of 2011 O R D E R: This Writ Petition has been filed under Article 226 of the Constitution of India seeking a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the impugned proceedings No.02/95(22)2011-RCPM, dated 25.02.2011, as illegal and arbitrary and consequently direct respondent No.2 to continue the petitioner in the same capacity at respondent No.2 depot. 2. By virtue of suspension order, dated 25.02.2011, issued by Depot Manager, R.C.Puram, the petitioner was placed under suspension for collecting certain fare from the passenger and failing to issue the ticket. 3. The grievance of the petitioner is that he filed explanation to the charge memo along with the affidavit of the passenger from whom he allegedly collected an amount of Rs.14/-, and the same has not been considered for the purpose of revoking suspension. 4. The allegation that the petitioner collected an amount of Rs.14/- from the passenger and failed issue the ticket is a serious lapse on the part of the petitioner. Collecting fare from a passenger and not issuing a ticket is a serious financial irregularity. In the first instance, the passenger gave a statement to the effect that in spite of paying fare, the Conductor has not issued the ticket. Later, that passenger realized from earlier statement and gave an affidavit exonerating the Conductor from the Charges. This aspect of the case has to be decided during the course of enquiry. To what extent, the statement of passenger can be acted upon is the matter to be decided by the Enquiry Officer. The factual aspects cannot be adjudicated in exercising the powers under Article 226 of the Constitution of India. Therefore, the petitioner was rightly suspended. Whether suspension can be revoked or not and whether the petitioner committed serious misconduct or not have to be decided by the disciplinary authority. Therefore, at this stage there are no grounds to revoke the suspension, dated 25.02.2011. 5. Accordingly, the Writ Petition is dismissed. Any observation made in this writ petition cannot be construed in the enquiry as a finding of this Court. Uninfluenced by any observation, the enquiry shall be conducted. There shall be no order as to costs. _______________ K.C.BHANU, J APRIL 11, 2011 YVL