HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 4098 of 2010 DATE: 24.02.2010 Between: B.V.Narayana … Petitioner And A.P.S.R.T.C. represented by its V.C. & M.D., Musheerabad, Hyderabad and another … Respondents HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 4098 of 2010 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the charge sheet No.02/95(01)/2010- NSPT, dated 10.02.2010, issued by the 2nd respondent, as illegal and arbitrary. 2. Facts of the case, in brief, are that the petitioner was appointed as conductor in the 1st respondent corporation in the year 1990 and now he is working in the 2nd respondent depot. On 18.01.2010 the checking officials conducted a check and having found that the petitioner committed certain irregularities, they issued charge memo framing three charges, for which the petitioner submitted explanation on 25.01.2010. In pursuance of the charge memo dated 18.01.2010, the 2nd respondent issued charge sheet on 10.02.2010 and on the even date he kept the petitioner under suspension pending enquiry. The same is questioned in this writ petition. 3. Heard the learned counsel for the petitioner and the learned standing counsel for A.P.S.R.T.C. 4. The learned counsel for the petitioner has contended that the charges leveled against the petitioner are frivolous and in reality the petitioner has not committed any offence. Even if it is accepted that the petitioner committed an offence, the same cannot be termed as a grave offence warranting suspension from service. In this context, he drew the attention of this Court to Regulation 18 of the APSRTC Employees (CC & A) Regulations, 1967. 5. As per the charge sheet dated 10.02.2010, the charges made against the petitioner are as under: “Charge No.1: For having violated the rule Issue, Close and Start, which is a mis-conduct, u/r.28(xxxii) of APSRTC Employees’ (Conduct) Reg.1963. Charge No.2: For having collected Rs.28/- each from two passengers, who boarded the bus at Domala Penta bound for Manna Noor, ex-stages:33 to 29, who were found traveling without tickets up to the point of check, stage No.31, which is a serious mis- conduct u/r.28(vi)(a) of APSRTC Employees’ (Conduct) Reg.1963. Charge No.3: For having closed the ticket tray Nos. up to stage No.31, without completing the ticket issues, which is a serious mis-conduct, u/r 28(xxxii) of APSRTC Employees’ (Conduct) Reg.1963.” 6. According to Regulation 18 of the APSRTC Employees (CC & A) Regulations, 1967, the appointing authority or any authority may place an employee under suspension from service, pending investigation or enquiry into grave charges. Keeping the same in mind, this Court is, prima facie, of the view that the charges appear to be grave in nature, and is not in agreement with the contention put forth by the learned counsel for the petitioner. 7. However, as an enquiry has been initiated and the respondent authorities are ceased of the matter, the respondent authorities are hereby directed to complete the enquiry into the allegations made against the petitioner and pass appropriate orders, in accordance with the Rules, within a period of two (2) months from the date of receipt of a copy of this order. 8. Accordingly, the writ petition is disposed of, at the stage of admission. There shall be no order as to costs. ______________________________ GOPALA KRISHNA TAMADA, J 24th February, 2010 cbs HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.P.No. 4098 of 2010 (Disposed of) 24th February, 2010 CBS