IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD TUESDAY, THE TWENTY EIGHTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.17069 OF 2011 BETWEEN: Gajula Venkateswara Rao S/o. Subba Rao …. Petitioner AND The Depot Manager, A.P.S.R.T.C., Tenali Depot, Tenali, Guntur District and another …. Respondents HONOURABLE SRI JUSTICE K.C. BHANU WRIT PETITION No.17069 OF 2011 ORDER: This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the respondents in continuing the suspension of the petitioner without deciding his case, even after receiving the explanation of the petitioner for the charges levelled against him through proceedings, dated 30-07-2010 and 25-08-2010 without even paying the subsistence allowance, as illegal and arbitrary. 2. The case of the petitioner is that the suspension order was issued on the ground that he was arrested in relation to a criminal case on 30-07-2010 and was in judicial custody till 03-08-2010 i.e. beyond 48 hours. Thereafter, no enquiry was conducted. He has already submitted his explanation to the charges levelled against him and the 1st respondent has to take appropriate decision in pursuance of the suspension order. His grievance is that the subsistence allowance is not being paid to him during the period of suspension as per the regulations. 3. Learned Standing Counsel for the respondents contended that the petitioner was involved in a criminal case in Crime No.22 / 2010 for the offences under Sections 323, 448, 509 and 477 IPC and that the disciplinary proceedings have not been initiated so far, therefore, there are no grounds to interfere with the same. 4. Solely basing on the information received by the appointing Authority that the petitioner was detained in connection with a criminal case for more than 48 hours, he was suspended on 30-07-2010. Thereafter, the suspension order has to be reviewed in accordance with the regulations, governing the service conditions of the petitioner. No such review has been done. Therefore, the 1st respondent has to take an appropriate decision by taking into consideration the explanation submitted by the petitioner on 29-09-2010 and review the suspension order. With regard to subsistence allowance, the same cannot be denied and it is a matter to be considered by the competent authority in accordance with law. 5. Hence, the Writ Petition is disposed of directing the respondents to take appropriate decision on the explanation submitted by the petitioner and review the suspension order, dated 30-07-2010 in accordance with the Rules governing the service conditions of the petitioner. The 1st respondent is directed to pay the subsistence allowance to the petitioner forthwith, if not already paid. There shall be no order as to costs. ______________ K.C. BHANU, J June 28, 2011. Note: Issue CC in three (3) days. B/O. KTL