IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TEN HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G. BHAVANI PRASAD W.P.No.27316 of 2009 Between: The Transport Commissioner, Andhra Pradesh, Transport Bhavan, Khairatabad, Hyderabad and 3 others .. Petitioners AND Swarna Sridevi, W/o Sampath Kumar .. Respondents ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) Challenging the legality and validity of the order of the Andhra Pradesh Administrative Tribunal (for short “the Tribunal”) dated 04-11-2009 in O.A.No.11228 of 2009, whereby and whereunder the O.A. was allowed setting aside the proceedings in Rc.No.8670/ A1/2009, dated 03-10-2009 and directing the respondents therein to re-induct the applicant therein into service forthwith, the present writ petition has been filed by the Government. The factual background for the writ petition is that the respondent herein was working as Junior Assistant in the office of the Regional Transport Officer, Ongole, and she was allotted to the licence issuing section and discharging as such. One Srinivas Rao, who was Database Administrator, has committed certain irregularities like printing of Driving Licences without any authorization since 2007, for which the respondent made a complaint to the Regional Transport Officer, but no action was taken. On 14-10-2008, 4 driving licences were printed from the server of the respondent without any authorization by the Database Administrator, for which she made a representation to the Regional Transport Officer on 17-10-2008, complaining the said irregularities committed by the Database Administrator. The 1st petitioner herein ordered for enquiry and one S. Madhusudhan, Transport Commissioner, who was deputed to conduct enquiry on the issuance of Driving Licences, submitted his report stating that the Database Administrator was involved in that issue, for which a criminal complaint was launched against him. Further, in spite of the report of the enquiry officer and without considering her previous complaint, the respondent was placed under suspension on 29-09-2009 by the 1st petitioner herein on the ground that she was utilizing the system CP1 and CP2 attached to server room and many applications were being processed in the server room on her user name and password. Challenging the suspension order, the respondent filed O.A.No.11228 of 2009 before the Tribunal and the Tribunal allowed the O.A. holding that as the 1st respondent therein, who was the appellate authority to whom the applicant can prefer an appeal against the order of suspension, passed the order of suspension, the applicant will lose her chance of revision to the Government. Aggrieved by the said order, the present writ petition has been filed. Heard the learned Government Pleader for Services-II and the learned counsel for the respondent and both the counsel consented for disposal of the writ petition. Having regard to the facts and circumstances of the case and having convinced with the reasons arrived at by the Tribunal, without going into the merits of the contentions raised by both parties herein, we deem it appropriate to permit the respondent herein to prefer a revision to the 4th petitioner-the Principal Secretary to Government, Transport Department, Secretariat, Hyderabad against the order of suspension and on prefering such revision, the Government shall consider and pass appropriate orders in accordance with law within a period of four (4) weeks from the date of receipt of such revision. Till such time, the order of the Tribunal shall continue in force, and hence, the order of Tribunal is modified to that extent. Accordingly, the writ petition is disposed of with the above direction. _____________________ GHULAM MOHAMMED, J _____________________ G. BHAVANI PRASAD, J Date: 29-04-2010 Ksn