IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9326 of 2008 Between: G.Satyanarayana Reddy S/o.Raj Reddy E.No.251537, of APSRTC Hyderabad-I Depot R/o.H.No.LIG.No.19, HUDA Colony Shamshabad, R.R.district ..... PETITIONER AND The Depot Manager, APSRTC Hyderabad-1 Depot .....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 an appropriate writ or order or direction more particularly one in the nature of writ of mandamus by declaring that the issuing of suspension order No.01/2(12)/08-HI dated 12.4.2008 for the sake of private lorry drivers negligency the RTC Bus front right side corner body damaged front head lights beam damaged and front right side anglare damaged and the lorry dirver accepted his negligency in his letter addressed to the respondent and on passengers demand paid Rs.200/- towards the damage which amount has been remitted in the respondent Depot no passengers injured no bus was detained no revenue loss to the corporation and no heavy damaged to the bus is as illegal, unjust contrary to law arbitrary, and violation of principles of natural justice by setting aside the suspension order and granting all cosnequential benefits 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 : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9326 of 2008 ORDER: The petitioner is working as a Driver in Hyderabad-I Depot. When he was driving a bus on 20.03.2008, on the route from Hyderabad to Vijayawada, a minor accident took place, involving the bus and a lorry coming on the high way, resulting in some scratches on the right side corner of the body and damage to head lights and right side anglare of the bus. In view of the said incident, the respondent herein issued a charge sheet, dated 12.04.2008, and through a separate order of the same day, suspended the petitioner from service. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent. The only allegation against the petitioner is that the bus being driven by the petitioner dashed against a private lorry, resulting in the damage, referred to above. Though this Court would not readily interfere with the orders of suspension, it cannot be oblivious to the ordinary things, that happen on busy high way, as the one between Hyderabad and Vijayawada. It is too early to decide as to whether the minor damage, referred to above, has resulted, on account of the negligence on the part of the petitioner or the driver of the lorry. Be that as it may, such a minor thing must not result in the suspension of the petitioner. It is also not in the interests of the Corporation, to deny itself the services of an experienced driver, on such a trivial issue. Hence, this writ petition is allowed and the order of suspension is set aside. The respondent shall expedite the disciplinary proceedings. There shall be no order as to costs. _________ 25.04.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9326 of 2008 Date: 25.04.2008 JSU