IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9871 of 2008 Between: R.M.Reddy, S/o. Obul Reddy R/o. Raychoti, Kadapa Dist. ..... PETITIONER AND 1 The APSRTC, rep. by its Managing Director, Mushirabad, Hyderabad. 2 The Regional Manager, APSRTC, Kadapa Region at Kadapa. 3 The Dy. Chief Traffic Manager, O/o. REgional Manager, APSRTC, Kadapa Region at Kadapa 4 The Depot Masnager, APSRTC, Raychoti, Kadapa District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in Suspending the petitioner from service by the R4 on the allegation of the service was delayed by 10 Minutes, as the petitioner Consumed Alcohol, Without there being any medical examination after 45 days of the incident, vide Proc.No. 02/118(03)/2008-RCTY, dt. 10-4-2008 and issuing charge sheet to as illegal, without jurisdiction, high handed action, unjust and arbitrary and as such liable to be set aside in the interest of justice. Counsel for the Petitioner: MR.S.M.SUBHAN Counsel for the Respondents: SMT.W.V.S.RAJESWARI The Court made the following ORDER: The petitioner is working as a Driver in Raychoti Depot of A.P.S.R.T.C. On 28.02.2008, he was assigned the duty of driving a T.I.M. service between Raychoti and Hyderabad along with another Driver, by name N.V.Kumar. The bus left for Galiveedu and was returning from that place. Somebody noticed that the petitioner was in intoxicated condition and gave a massage to the Depot. Thereupon, the officials of the Deport were alerted and they were waiting for the vehicle to reach the bus station. It is, however, found that only the other Driver, Sri N.V.Kumar, alone was there and the petitioner was not found in the bus. A reply was given by the said Driver to the effect that the petitioner got down the bus at Galiveedu Cross Roads on account of stomach ache. Efforts of the authorities of the Depot to trace the petitioner did not fructify. Therefore, alternative Driver was arranged and the bus was sent on the route. On 10.04.2008, the fourth respondent issued a charge sheet as well as the order of suspension. The petitioner challenges the order of suspension. The learned counsel for the petitioner submits that his client has fallen sick suddenly and thereafter, joined the A.P.S.R.T.C. Clinic at Raychoti itself and that he has placed a copy of the medical certificate. He contends that the order of suspension is unwarranted. The learned standing Counsel for the respondents, on the other hand, submits that the allegations against the petitioner are very serious and in the facts and circumstances, the order of suspension does not warrant interference. A perusal of the impugned order discloses that the petitioner abandoned the bus on the way and was not available in the vehicle when a check was made at the bus station. Even assuming that the petitioner suffered any sudden illness, he ought to have travelled in the same bus to the nearest hospital, instead of getting down on the way. This incident assumes significance in the context of an allegation being made against the petitioner that he has consumed alcohol, while on duty. The truth or otherwise of the allegation needs to be examined in the disciplinary proceedings. This Court is not inclined to interfere with the order of suspension. The fourth respondent can be required to conclude the disciplinary proceedings, without any avoidable delay. Hence, the writ petition is dismissed, but directing the fourth respondent to conclude the disciplinary proceedings initiated against the petitioner, within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:01.05.2008. kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}