IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 28752 of 2008 Between: M.V. Rama Rao S/o. Late M. Suryanarayana E.No.208401, of Mehdipatnam Depot, R/o. H.No.9-1-11D/33/1, Hashimnagar Colony, Langer House, Hyderabad. ..... PETITIONER AND The Depot Manager, APSRTC, Mehdipatnam Depot, Hyderabad. .....RESPONDENT 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 to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the issuing of suspension order No.01/3499(1)/2008-MP dt. 22.2.2008, and charge sheet, without conducting any prima facie investigation whether the words used by the petitioner are correct or not and those words indicates towards the misconduct and misbehaviour of the petitioner when he was not put any direct question by the AM(T) Depot, is as illegal, unjust, contrary to law, arbitrary and violation of principles of natural justice by setting aside the suspension order and granting all consequential benefits direct the respondent to take the petitioner into service and pass Counsel for the Petitioner:MR.MOHD.GHOUSEUDDIN Counsel for the Respondent No.: K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : ORDER This writ petition has been filed by M.V.Rama Rao assailing the order passed by the respondent whereunder the petitioner has been placed under suspension pending enquiry on the charges relating to insubordination. The petitioner was appointed as Hawaldar on 21.1.1971 and retired from service on 31.7.1995. Thereafter, he was employed as a Driver in the respondent-Corporation in the year 1996. A charge memo came to be issued to the petitioner alleging that he misbehaved with his superior. He was also placed under suspension pending the enquiry. The order of suspension is under challenge in this writ petition. When the writ petition came up for admission, Sri K.Madhava Reddy, learned Standing Counsel for APSRTC received notice on behalf of the respondents. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondents. Learned counsel for the petitioner submits that the petitioner is an Ex-service man and well disciplined person and therefore, the accusations made against him in the charge memo dated 22.12.2008 is baseless. The charge memo came to be issued against the petitioner basing on the report submitted by Assistant Manager (T) Mehdipatnam depot. Whether accusation made against him is well founded or not cannot be gone into at this stage by this Court in exercise of powers under Article 226 of the Constitution of India. It is suffice to observe that the petitioner is at liberty to submit his written explanation to the charge memo and invite orders thereon. In that view of the matter, the writ petition is disposed of, directing the respondent-Corporation to complete the enquiry, within a period of six weeks from the date of submission of explanation, provided the petitioner extends his cooperation. __________ 23-01-2009 rkk