IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 19214 of 2008 Between: T.B.V.Rao S/o.Surya Rao Rajahmundry Depot, Resident of H.No. 66-25-28, Behind Sri Rama Temple, Rajahmundry, East Godavari District. ..... PET IT IONER AND 1 Andhra Pradesh State Road Transport Corporation, Rep. by its Managing Director, Musheerabad, Hyderabad. 2 Andhra Pradesh State Road Transport Corporation, Rep. by its Depot Manager, Rajahmundry, East Godavari District. .....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 call for the records from the 2nd respondent and issue an appropriate writ order or direction, particularly one in the nature of Writ of Mandamus, declaring that the action of the 2nd respondent in keeping the petitioner under suspension vide proceedings No.01/2(28)/08-RJY, dated 21.8.2008, as illegal, unjust, contrary to law, without application of mind, in violation of principles of natural justice and amounts to victimization and unfair labour practice and grant all consequential benefits, and pass such other order or orders. Counsel for the Petitioner:MR.A.K.JAYAPRAKASH RAO Counsel for the Respondent No.: C.PRAKASH REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.19214 of 2008 ORAL ORDER: This writ petition is ﬁled seeking a Mandamus declaring the action of the second respondent in keeping the petitioner under suspension vide proceedings No.01/2(28)/08-RJY, dated 21.8.2008 pending enquiry, as arbitrary, illegal and violative of principles of natural justice. It appears, petitioner while driving the Bus bearing No.AP 28Z 2649 on the route KPHB, Hyderabad-Rajahmundry via Khammam met with an accident with Lorry bearing No.MN.AP 3597 at about 05.00 hours on 12.8.2008 near V.M.Banjaru, which resulted in heavy damage to the Bus, approximately to a tune of Rs.30,000/-. Further, the petitioner failed to report the fact of accident to the nearest Depot authorities or Police authorities and has made an unoﬃcial settlement with the lorry driver without the knowledge of Depot authorities. This came to light only when his co-driver M.V.Prasad, E.No.101996 informed the same to the Depot Manger. Under those circumstances, petitioner was kept under suspension. I am of the opinion that no extraordinary grounds are made out calling for interference of this Court under Article 226 of the Constitution of India. Therefore, I am not inclined to interfere with the suspension order dated 21.8.2008 suspending the petitioner from service pending enquiry into the matter. The learned counsel for petitioner, however, strenuously contended that there is nothing more to be enquired into as evidence has already been recorded and no further information is required to be gathered, therefore keeping the petitioner under suspension is not warranted. May be, there is no necessity of gathering further information and suspension of petitioner may not serve any purpose, but it is for the respondents to decide as to whether to continue the petitioner under suspension or not. Therefore, petitioner is directed to make a detailed representation to the respondents. On making such representation, the respondents shall consider the same and pass appropriate orders as per law, within a period of two weeks from the date of receipt of such representation, particularly as to there is any necessity of keeping the petitioner under continuous suspension for the purpose of enquiry. The writ petition is accordingly disposed of. No order as to costs. ________________ C.V.RAMULU, J Date: 4.9.2008 DA THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.19214 of 2008 4.9.2008