IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 21911 of 2004 Between: Kum. S. Ch. Kumari, D/o. Sundara Rao, E-458866, Thotapalem, Vizianagaram District. .... PETITIONER AND 1 The APSRTC, Rep. by its Regional Manager, Vizianagaram District at Vizianagaram. 2 The APSRTC, rep. by its Depot Manager, Vizianagaram Depot, Vizianagram District. ...RESPONDENTS 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 of Mandamus or any other appropriate writ, order or direction, declaring the 2nd respondent herein in suspending the petitioners from service, vide proceedings No. Steno /95(119)04-Vizianagaram, Dt. 2.11.2004 as illegal, unjust and arbitrary, unwarrendted and as such liable to set aside in the interest of justice and pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.S.M.SUBHAN Counsel for the Respondents: KUM.B.G.UMA DEVI The Court at the admission stage made the following : ORDER: - The petitioner is a lady conductor, having been appointed in the A.P.S.R.T.C., in the year 1998, after the selection process. On 02.11.2004, she was issued a charge sheet and through a separate order, she was placed under suspension. 2. Learned counsel for the petitioner submits that there are no allegations of misappropriation or collection of fare without issuing tickets, and in the circumstances, the suspension is unwarranted. Learned Standing Counsel for the respondents, on the other hand submits that, the truth or otherwise of the allegations against the petitioner, needs to be considered in the enquiry and no interference is called for, at this stage. 3. Interference with the order of suspension pending enquiry is almost a rarety. It is always in the discretion of the appointing authority to choose whether or not to suspend an employee, pending an enquiry into the charges. Where the allegations are about misappropriation, interference by Courts is further restricted, irrespective of the amount involved. 4. In the present case, the only allegation against the petitioner is that she did not account for a ticket of denomination of Rs.3/-. It was not even alleged that she has collected fare from any passenger and did not issue ticket, or that she retained the ticket, which has already been issued to a passenger, after its use. The petitioner categorically states that she punched the ticket for the purpose of issuing the same to a passenger and when the latter did not pay the fare, she kept it with herself and in the meanwhile, the check took place. 5. Had there been any allegation of misappropriation, even of the smallest amount, this Court would not have entertained the writ petition. The plight of a lady conductor in discharging strenuous duties, and the absence of allegations of misappropriation against her, are certainly factors, which weigh with this Court. Further, suspension pending enquiry, is a measure to ensure that the employee does not tamper with the evidence in the enquiry. In this case, the sole basis for proceeding against the petitioner is a ticket of denomination of Rs.3/- and it is already in the possession of the respondents. Hence, it cannot be said that the petitioner would tamper with the evidence, if she is permitted to discharge the duties. 6. Having regard to the facts and circumstances of the case, the writ petition is allowed, and the order of suspension, dated 02.11.2004, issued against the petitioner is set aside. It shall be open to the respondents to post the petitioner to any other place, if they are of the view that such a measure is warranted. The enquiry against the petitioner may be proceeded with, without being in anyway influenced by the observations made in this order. There shall be no order as to costs. Sd/- ASSISTANT REGISTRAR Dated: 30th November, 2004 RAR To 1 The Regional Manager, APSRTC Vizianagaram District at Vizianagaram. 2 The Depot Manager, APSRTC , Vizianagaram Depot, Vizianagram District. 3 2 CD copies