HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.13581 of 2011 Date of Order:08.06.2011 Between: V.Sambaiah ..Petitioner and The APSRTC, rep. by its Managing Director and others ..Respondents The Court made the following Order: HONOURABLE SRI JUSTICE K.C.BHANU WRIT PEITTION No.13581 of 2011 ORDER :- This writ petition is filed by the petitioner seeking to issue a writ of Mandamus declaring the proceedings No.02/95(01)/2011-WL-I, dated 21.01.2011, issued by the 2nd respondent as illegal and arbitrary and consequently to set aside the same and direct the respondents to grant all consequential benefits. 2. The charges levelled against the petitioner are as follows: - 1. For having failed to observe the rule ‘Issue and start’ which amounts to mis-conduct under Rule 28(xxxii) of APSRTC Employees (Conduct) Reg,1963. 2. For having failed to issue luggage tickets to six consignments of unaccompanied luggage of 24 units found travelling at the time of check at stage No.05 i.e., Vemulawada, who boarded the bus at Jalna and bound for Warrangal ex-stages 21 to 01 which amounts to mis-conduct under Rule 28(vi)(a) of APSRTC Employees (conduct) Reg.1963.” Basing on the said charges the petitioner has been placed under suspension. 3. The contention of the learned counsel for the petitioner is that while the petitioner went into the bus station to have tea, some persons put up the bags on the top of the bus without the knowledge of the petitioner and, therefore, there is no negligence on the part of the petitioner in not issuing the tickets for the luggage to the concerned persons. That is a factual aspect, which has to be decided and determined by the enquiry officer during the course of enquiry. Ordinarily this Court would not interfere with the suspension pending enquiry, unless mala fides are attributed to the person who placed the employee under suspension. As per the Regulations, the employee can be placed under suspension with regard to the mis conduct. The mis conduct alleged in this case is for not issuing the tickets to the passengers who put the luggage in the bus. Therefore, the impugned order needs no interference by this Court. 4. Accordingly, the Writ Petition is dismissed. However, the respondents are directed to complete the enquiry within a period of six weeks from the date of receipt of a copy of this order after giving reasonable opportunity to the petitioner. There shall be no order as to costs. ______________ K.C.BHANU, J June 8, 2011 lmv HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.13581 of 2011 Date: 08.06.2011 LMV