IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 5259 of 2011 Date:29.04.2011 Between: K. Prithvi Raj .....Petitioner AND APSRTC, rep. By its M.D., Hyderabad and 4 others. ....Respondents The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 5259 of 2011 ORDER: The writ petitioner, who joined the service of the respondents’ corporation as Jr. Assistant (P) on 19.06.1990 was promoted as Sr. Asst(P) on 24.06.2009. The petitioner has been placed under suspension through proceedings, dated 24.02.2011 of the Regional Manager, while simultaneously initiating disciplinary proceedings against him by issuing a charge sheet on the same day. It is alleged that certain works were entrusted on contract basis to a contractor and the said contractor was complained by his employees that they were not paid the minimum wages. It is suspected that the writ petitioner was helping the said contractor in avoiding payment. At the request of this Court, Sri C. Sunil Kumar Reddy, learned Standing Counsel for APSRTC has obtained necessary instructions in the matter. The Regional Manager, after verification of the record, realized that the writ petitioner is not the person connected with disbursement of wages to the persons engaged by the contractor. Since the writ petitioner has no role to play in the matter of disbursement of wages by the contractor to his employees, it is appropriate that the writ petitioner should not have been subjected to an order of suspension. When there is no prima facie misconduct of whatsoever, the question of suspension of an employee may not arise. Therefore, the respondents are directed to reinstate the writ petitioner back into service, duly raising the order of suspension passed on 24.02.2011. However, it will be open to them to review as to whether to continue the disciplinary proceedings pursuant to the charge sheet against the petitioner. The Writ Petition stands allowed to the extent indicated supra. No costs. _______________ K.C. BHANU, J April 29, 2010 Gk. THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 5259 of 2011 29th April, 2011 Gk.