IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8487 of 2008 Between: S. Damma Reddy, S/o. S. Ram Reddy, E.No. 675559, R/o. 2-1071, Post & Village Palda, Mandal & District, Nizamabad. ..... PETITIONER AND 1 APSRTC, Rep. by its Managing Director, Musheerabad, Hyderabad. 2 The Depot Manager, APSRTC, NZB-I Depot, Nizamabad. .....RESPONDENT(S) 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 direction particularly one in the nature of WRIT OF CERTIORARI, quash the impugned Proceeding No. T2/95(3)/08-NZB-I, dated 29-03-2008 and Charge Sheet No. T2/95(3)/08- NZB-I, dated 29-03-2008 as arbitrary, unjust, capricious and in vioaltion of Art. 14, 16 & 21 of the Constitution of India and consequently direct the respondents to take the petitioner on duty along with all consequential benefits in the interest of justice and fair play. Counsel for the Petitioner:MR.V.NARASIMHA GOUD Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8487 of 2008 ORDER: The petitioner is employed as a Driver in Nizamabad Depot of A.P.S.R.T.C. On 10.03.2008, he was assigned a duty of driving a one-man operation service from Nizamabad to Hyderabad, which was provided the facility of Ticket Issuing Machine (TIM). In return journey, the bus was checked at Dichpally. It was noticed that for a batch of 9 passengers, the petitioner issued a hand written slip, for a sum of Rs.855/- @ Rs.95-00 ps. per passenger. The petitioner gave a spot explanation, stating that the machine became defective, at the Jubilee Bus Station itself, and in that view of the matter, he issued the ticket by making endorsements with pen, duly indicating the next number of the ticket. Thereafter, the 2nd respondent issued an order, dated 29.03.2008, putting the petitioner off duty, which is equivalent to suspension pending enquiry. On the same day, a charge sheet was issued, framing five charges. The petitioner assails the order, through which he was put off the duty. Sri V.Narasimha Goud, learned counsel for the petitioner submits that the necessity for the petitioner to issue a ticket on paper had arisen on account of the machine going out of order. He further submits that the data recovered from the machine had clearly supported the case of the petitioner and the impugned order was not at all warranted. Smt. B.G.Uma Devi, learned Standing Counsel for the respondents, on the other hand, submits that the data recovered from the machine clearly indicated that a ticket for a sum of Rs.855/- was indented, just at the time of checking, and the plea of the petitioner cannot be accepted at all. The petitioner was operating a one-man service, discharging the functions of driver and conductor. It was found that the petitioner issued a ticket on a white paper, indicating the amount and the ticket number, to a batch of nine passengers. Whether the explanation offered by the petitioner is true or not and whether there is any misconduct on his part, can be established, only in the departmental enquiry. It is too early for this Court to express any opinion. In the facts and circumstances of the case, it cannot be said that there is no basis for the 2nd respondent to pass the impugned order. Any further discussion on the matter, which is bound to touch the merits, is likely to have its shadow on the departmental proceedings. Now that a charge sheet has been issued, the 2nd respondent can be required to conclude the disciplinary proceedings, at the earliest. Hence, the writ petition is disposed of, upholding the impugned order, but directing the 2nd respondent to conclude the disciplinary proceedings initiated against the petitioner, within a period of two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. __________ 18.04.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8487 of 2008 Date: 18.04.2008 JSU