IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 14125 of 2009 Between: R.G. E-352915, APSRTC Driver, S/o.Surya Rao, Tadepalligudem Post, R/o. Tadepalligudem, West Godavari District. ..... PETITIONER AND 1 The APSRTC, Rep by Managing Director, Mushirabad, Hyderabad. 2 The Regional Manager, APSRTC, West Godavari District. 3 The Depot Manager, APSRTC, Tadepaigudm, West Godavari District. .....RESPONDENTS 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 issue an order or direction more particularly one in the nature of writ of mandamus declaring the action of action of the 3rd respondent in suspending the petitioner from service on the allegation of Illicit Transport Produce ie Teak wood pulps and would Pulps and without there being any complaint vide Proc. 0/227(1) 01 : 01.227(1)/2009 - TPG, dt.4-6-2009 and issuing charge sheet as illegal, without jurisdiction, unjust and arbitrary and as such liable to be set aside in the interest of justice Counsel for the Petitioner:MR.S.M.SUBHAN Counsel for the Respondent No.: C.APPAIAH SHARMA(SC FOR APSRTC) The Court at the stage of admission made the following O R D E R: Though this Writ Petition has been filed by a Driver of the Andhra Pradesh State Road Transport Corporation, questioning the orders passed by the Depot Manager, APSRTC, Tadepalligudem on 4th June 2009, placing him under suspension, learned counsel for the writ petitioner submits that the order of suspension is an appealable order and that the writ petitioner would prefer an appropriate appeal to the Regional Manager, APSRTC at Eluru. The writ petitioner submits that he has never participated in the actual act of transportation of the forest produce alleged against him, but as soon as he is informed of the said fact, he got such forest produce immediately unloaded from the bus. These matters relating to the factual situation would better be appreciated only by the Appellate Authority, which will have the benefit of the preliminary enquiry report before it. I, therefore, grant liberty to the writ petitioner to move the 2nd respondent – Appellate Authority and the 2nd respondent – Appellate Authority will deal with his appeal as expeditiously as possible and pass appropriate orders thereon within a period of two months from the date of receipt of such appeal. With this, the Writ Petition stands disposed of at the stage of admission itself. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 15th July 2009 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{RLD}