IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14973 OF 2011 Between: V.L. Narayana ..... Petitioner AND The Depot Manager, APSRTC, Warangal – II Depot, Warangal. ..... Respondent The Court made the following: HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14973 OF 2011 ORDER: This Writ Petition is filed to declare the action of the respondent in issuing suspension order No.02/95(49)/11-WL:2, dated 08.04.2011, as wholly illegal, arbitrary and violation of Article 14 and 16 of Constitution of India. 2. A check was exercised by the Checking Squad from Hyderabad while the petitioner was on duty in Bus No.AP 28Z 5695 on route Hanamkonda-Hyderabad wherein it is detected that the petitioner has collected Rs.500/- for issuing MTD 141 card from the two passengers who boarded his bus at Stage No.4 i.e., Jangoan bound to Hanamkonda. The prescribed fare is Rs.33/- each. As there was no change, the petitioner returned Rs.400/- to them duly endorsing Rs.34/- instead of TIM (Ticket Issuing Machine) ticket which he has failed to issue and which suggests that he has prima facie intentionally with fraudulent motive issued MTD 141 Card instead of TIM ticket for which he has to give an explanation. 3. Learned counsel for the petitioner contended that all the passengers have not been examined and the checking officials did not question the passengers in the bus so as to tally amount with that of the TIM statement and, therefore, it is not a case of suspending the employee pending enquiry. 4. There cannot be any dispute that Regulation 28 (vi) (a), (x) and (xxxii) of APSRTC Employees (Conduct) Regulation, 1963, provides suspension of employee in case of misconduct. Ordinarily, this Court would not interfere with the suspension unless mala fides are attributed against the person who passed that order that the authority who placed the employee under suspension has no jurisdiction. 5. The allegation is that the petitioner collected Rs.500/- from two passengers who boarded his bus at Stage No.4 i.e., Jangoan bound to Hanamkonda. The prescribed fare is Rs.33/- each. He has returned Rs.400/- making an endorsement as Rs.34/- on the MTD 141 Card as due as there was no change instead of TIM Ticket. According to disciplinary authority, such act is a financial irregularity or illegality. Whether he has made an endorsement on the TIM ticket or MTD 141 Card and whether he has committed any illegality in noting down the endorsement on MTD Card or whether he committed financial irregularities are the matters required to be decided by the Enquiry Officer while conducting an enquiry in accordance with the Rules and Regulations of the respondent corporation. That questions of facts cannot be determined and decided by this Court exercising the powers under Article 226 of the Constitution of India. As the suspension order is not shown to be a mala fide action on the part of the respondent corporation, the same need not be interfered with. Hence, the Writ Petition is devoid of merits and is liable to be dismissed at the stage of admission. 6. Accordingly, the Writ Petition is dismissed. However, the respondent corporation is directed to complete the enquiry in accordance with the rules and regulations of the corporation within a period of six (6) weeks from the date of receipt of copy of this order after giving due opportunity to the petitioner. There shall be no order as to costs. ______________ (K.C.BHANU, J) Dated: 7th June, 2011 KL HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14973 OF 2011 7th June, 2011 KL