HONOURABLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITON No.25125 OF 2011 ORDER: The petitioner is working as a Driver in the APSRTC. On 14-08-2011, the petitioner and another Driver, by name, M.A. Jaleel, were put on joint duty to operate a service from Picket, Secunderabad to Bangalore. The petitioner states that he issued tickets before the Bus started, and resumed duty from Guthi onwards. A check was conducted at Kandikonda checkpost. On the basis of the report, submitted by the checking officials, the Depot Manager, Picket, the respondent herein, issued charge sheet, dated 03-09-2011, alleging that though the petitioner issued tickets bearing Nos.31/027378, 379 & 380 to three passengers and entered the particulars thereof in some documents, he did not make the entries in the Audit copy and Office copy with a mala fide intention. Another allegation was that the petitioner did not stop the Bus when it was chased by the checking officials. On the same day, through separate proceedings, the respondent placed the petitioner under suspension. The same is challenged in this writ petition. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent. 3. This is not a case where the petitioner was alleged of collecting the fare and failing to issue tickets. Even from the charge, it is evident that the tickets were not only issued, but also, particulars thereof, were entered in the relevant document. The allegation is that he failed to enter the particulars in some other documents. The question as to whether there was any malice on the part of the petitioner in not filling the particulars in other documents needs to be examined in the disciplinary proceedings. 4. The other charge against the petitioner is that he failed to stop the Bus. It must not be forgotten that the Bus has to travel the distance of about 600 kilo meters and the driver could naturally be in an anxiety to cover the distance as early as possible. Ultimately, the Jeep crossed the Bus and the petitioner stopped the Bus obediently and the check has taken place. Under the circumstances, suspension of the petitioner is not at all warranted. 5. Hence, the Writ Petition is allowed and the impugned order is set aside. The respondent shall reinstate the petitioner into service. The reinstatement of the petitioner shall be without prejudice to the right of the respondent to proceed with the departmental enquiry. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J September 08, 2011. KTL