HONOURABLE THE ACTING CHIEF JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL NO. 752 OF 2011 Between: The Depot Manager, APSRTC ………….Appellant AND K.R.B. Reddy, S/o K. Swamy Reddy ………….Respondent JUDGMENT : (Per Honourable the Acting Chief Justice GHULAM MOHAMMED ) This Writ Appeal has been filed aggrieved by the order dated 8.9.2011 passed in W.P.No. 25125 of 2011 by a learned Single Judge of this Court. Brief facts of the case are that the respondent herein is working as a Driver in the APSRTC. On 14.8.2011 the respondent and another driver were put on duty to operate service from Picket, Secunderabad to Bangalore. It is stated that the respondent issued tickets before the Bus started and resumed duty from Guthi onwards. While so, a check was conducted at Kandikonda Checkpost. On the basis of the report appellant herein issued a charge sheet dated 3.9.2011 alleging that the respondent did not make the entries of issued tickets bearing Nos. 31/027378, 379 & 380, and basing on the same, placed the respondent under suspension. Challenging the same, the respondent herein filed Writ Petition. The learned Single Judge of this Court allowed the Writ Petition directing the appellant herein to reinstate the respondent into service and the reinstatement shall be without prejudice to the right of the appellant to proceed with the departmental enquiry. Aggrieved by the same, the present Writ Appeal is filed. The learned Standing Counsel for APSRTC vehemently contended that the learned Single Judge ought to have directed to complete and conclude the enquiry pending against the respondent herein but instead reinstated the respondent into service, which is not permissible, under law. On the other hand, the learned counsel appearing for the respondent submits that the order passed by the learned Single Judge is quite reasonable and there are no grounds to interfere with the order passed. Heard the learned counsel appearing for both sides and also perused the material made available on record. We have perused the order. The respondent herein issued tickets and collected the fare and he entered particulars in the relevant document. As the bus has to travel a distance of about 600 kilometers, the driver of the bus could naturally be in anxiety to cover the distance. Therefore, respondent failed to stop the bus and ultimately when the jeep of the officials crossed the bus, the respondent stopped the bus and then check had taken place. Hence, the learned Single Judge of this Court rightly allowed the Writ Petition directing the appellant herein to reinstate the respondent into service and proceed with the departmental enquiry without prejudice to the right of the appellant. In view of the above, we do not find any error in exercising the discretion vested with the learned Single Judge. The Writ Appeal fails and accordingly the same is dismissed. It is open to the appellant to post the respondent herein elsewhere viz., other than the place where he worked before he was placed under suspension. There shall be no order as to costs. __________________________ GHULAM MOHAMMED, HACJ _________________________________ NOOTY RAMAMOHANA RAO, J 01st NOVEMBER, 2011 K. AMMAJI ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.