THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.23126 of 2011 ORDER: The petitioner is working as Conductor in the 2nd respondent Depot of APSRTC. A check was conducted on 29-07-2011 when he was operating bus of local service at Koti. It was found that one passenger did not possess any ticket nor paid the fare. A charge was framed against the petitioner for failing to collect the fare and issue a ticket. Another allegation was that the petitioner misbehaved with the checking officials. On the very allegations, the 3rd respondent passed an order, dated 05-08- 2011 placing the petitioner under suspension. Hence, this writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The only allegation against the petitioner is that he failed to collect the fare from the passenger and issue a ticket to him. The passenger is said to have travelled three stages without ticket. The question as to whether there was any misconduct on the part of the petitioner in view of the said allegations, needs to be examined in the ongoing disciplinary enquiry. However, the said allegations cannot constitute the basis to suspend the petitioner pending enquiry. Whatever may be the gravity of such allegation, if the incident takes place in a long distance service or express service, but if one takes into account, the acute rush in the city services, it cannot be said that the petitioner has resorted to any serious acts of misconduct. Further, except stating that the petitioner misbehaved with the checking officials, nothing specific was mentioned. Even in the checking report, a vague allegation is made. This court feels that it is not at all in the interest of the Corporation to place the conductor under suspension and pay subsistence allowance, without extracting work; under these circumstances. Hence, the writ petition is allowed and the impugned order is set aside. It is further directed that the reinstatement of the petitioner shall be without prejudice to the right of the respondents to proceed with the disciplinary enquiry and it shall be subject to the result thereof. There shall be no order as to costs. ___________ 17-08-2011 Prv