IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 26242 of 2008 Between: Mohd. Anwar, S/o. Late Shabber Ahmed, E.No. 334396, of APSRTC, Nizamabad Depot-I, R/o. Vinayakanagar Colony, Hyderabad Road, Nizamabad C/o. J. Laxman Telugu Totapally, Nizamabad, The Owner of House ..... PETITIONER AND Depot Manager, APSRTC Nizamabad Depot-I .....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 issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the issue of suspension order No. 011197 (10)/08-NZB-I dated 20-11-2008, without any written complaint for breath analysis, and conducting preliminary enquiry at 23-30 Hrs and on 20-11-2008 in your presence, through A.E. (M) NZB and preparing suspension order on same justice time is as illegal, arbitrary, unjust, contrary to law, violation of principals of natural justice and against the article 14, 16 and 21 of the constitution of India, by setting aside the suspension order and granting all consequential benefits and pass Counsel for the Petitioner: MR.MOHD.GHOUSEUDDIN Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : ORDER: This writ petition is filed by the petitioner questioning the suspension order issued by the respondent – Manager, A.P.State Road Transport Corporation dated 20.11.2008. Heard the learned counsel for the petitioner and the learned standing counsel for the respondent Corporation and perused the record produced before the Court. The petitioner is a driver working in the respondent Corporation. It is averred in the affidavit filed in support of the writ petition that even though he was on off on 13.11.2008, he was booked for special hire duty on that date to transport the party members of Bharatiya Janata Party to attend the ‘Vijaya Sankalpa Yatra meeting with vehicle No. AP 28Z 2476. Accordingly, he transported the BJP workers at the Vijaya Sankalpa Yatra at Secunderabad. The said BJP workers, after attending the yatra came to the bus in intoxicating condition and started to abuse him stating that ‘Muslims are desha drohi’ and forced to follow them to a nearby temple for puja and when he refused to follow them stating that his religion does not permit him to do so and that he pray and namaz ‘Allah’, the party workers left him there and went to perform puja in the nearby temple and came back to the bus in intoxicated condition and forced him to eat the ‘prasad’ and tried to keep ‘bottu’ to him and as he refused for their acts, they grew wild and beat him and also gave false information to the Depot Manager, Nizamabad on telephone stating that he was in a drunken condition and slept in the bus. The conductor who also belong to BJP party supported them and he was also in intoxicating condition along with the said BJP workers. It is further stated that due to the injuries caused to him to the head and fingers, he was not able to drive the bus and, therefore, a driver from the Cantonment depot was arranged to drive the bus upto Nizamabad. It is further stated in the affidavit that though he reported sick at APSRTC dispensary at Nizamabad on 14.11.2008, the doctors did not issue any sick certificate stating that it was a police case but however given him treatment and he has also taken X-ray of his fingers which were not functioning properly. Thereafter the Doctors issued sick certificate to him on 20.11.2008 for five days and the respondent issued the charge sheet on the basis of the A.M.(T)/NZM – 1 Report dated 15.11.2008 and A.E(M)/NZB-1 report dated 20.11.2008 and placed him under suspension on the same date even though the BJP workers did not give any complaint against him. Therefore, his suspension is unwarranted. In view of the above allegations made in the affidavit filed in support of the writ petition, this Court directed the learned standing counsel for the respondent Corporation to produce the record as also the preliminary enquiry report. Accordingly, the learned standing counsel has produced before the Court the record. The relevant portion of the order dated 20.11.2008 placing the petitioner under suspension reads as under; “It is reported by the AM(T), Nizamabad-1 vide reference 1st cited that you have booked for special hire duty on 13.11.2008 to transport the party members of Bharatiya Janata Party to attend the Vijaya Sankalpa Yatra meeting at Parade ground, Hyderabad. You have operated the service with vehicle No.AP 28Z 2476 along with Sri CH.P.Reddy, E.1000243, Conductor, Nizamabad. After completing the meeting the members of BJP workers boarded in the bus for their down juourney and found that you have sleeping in the bus. Then the Conductor also find out that you are sleeping in the bus in intoxicated condition. The conductor immediately brought the matter to the notice of depot authorities through telephone regarding drivers intoxicated condition. As per the instructions of higher authorities, the service was operated by Sri K.S.Murthy, E.109244, driver of cantonment depot to avoid inconvenience to the party members/passengers of special hire bus and to avoid criticism from the public. After arrival at Nizamabad depot, the on duty security guard Sri M.K.Swamy, E.307301 of Nizamabad-1 depot was done breath analysis test in the present of A.S.Anand, AM (T) NZM-1, Sri Ch.P.Reddy, service conductor and Sri K.S.Murthy E/109244, service driver of Cantonment depot. During the course of test, the breath analysis machine was alarmed with beep sound for five minutes. In this regard, a preliminary enquiry was conducted by Asst.Engineer (M) Nizamabad-1 depot and submitted a report along with the statement of the conductor, driver and on duty security guard. As per the statements and evidence it is found that you have in intoxicated condition while on duty on 13.11.2008 performing special hire bus Nizamabad to Hyderabad for BJP Vijaya Sankalpa Yatra which clearly speaks that you have intoxicated condition while on duty and failed to perform your duty in down journey which tarnished the image of the corporation in the eyes of public which is serious mis-conduct.” In the explanation submitted by the petitioner on 14.11.2008 before the Depot Manager, Nizamabad, which is produced before the court, it is stated that on 13.11.2008 he proceeded to Hyderabad from Nizamabad by taking BJP workers to the Vijaya Sankalpa Yatra and no conductor accompanied him. As he has not taken any food from the morning and was suffering from blood pressure and sugar, he felt drowsy and, therefore, taken all the medicines at a time and thus became unconscious. When the conductor Sri Ch.P.Reddy came and tried to speak to him, he told him that since he has taken all the medicines at a time, he is feeling drowsy and, therefore, is not in a position to drive the bus. Therefore, on the instructions of the higher officials, another driver from cantonment was provided to drive the bus. After coming to the depot, breath analyzer test was conducted to him. The above statement given by the petitioner at the very initially stage clearly shows that the allegations made by the petitioner in the writ affidavit against the BJP workers that after attending the Vijaya Sankalpa Yatra , the BPJ workers came to the bus in intoxicating condition and started to abuse him stating that ‘Muslims are desha drohi’ and forced to follow them to a nearby temple for puja and when he refused to follow them stating that his religion does not permit him to do so and that he pray and namaz ‘Allah’, the party workers left him there and went to perform puja in the nearby temple and came back to the bus in intoxicated condition and forced him to eat the ‘prasad’ and tried to keep ‘bottu’ to him and as he refused for their acts, they grew wild and beat him and also gave false information to the Depot Manager, Nizamabad on telephone stating that he was in a drunken condition and slept in the bus are all false and are concocted. On the other hand, the record clearly discloses that the petitioner was found in an intoxicated condition in the bus, which is a serious misconduct as per the regulations of the respondent Corporation. Though in the affidavit the petitioner averred that no conductor accompanied him from Nizamabad, in the explanation submitted by him at the initial stage itself, he himself deposed that when he was in an unconscious stage, the conductor Sri Ch.P.Reddy enquired him as to whether he is in a position to drive the bus and has intimated the matter to the authorities for further course of action to drop the BJP workers again at Nizamabad. This clearly shows that the petitioner is not stating the true facts and those allegations were made only for the purpose of this writ petition. The record produced by the learned standing counsel clearly shows that after conducting the breathe analyzer test to the petitioner immediately after reaching the Nizamabad depot and after satisfying that he was in an intoxicated condition, preliminary enquiry was conducted and thereafter only, he was placed under suspension pending detailed enquiry. In the circumstances, I see no reasons to interfere with the impugned order of suspension and the writ petition is dismissed. However, the respondents are directed to expedite the enquiry and complete the same within a period of six weeks from the date of receipt of a copy of this order. N.V.RAMANA,J DT.19.12.2008 msv.