IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 12054 of 2008 Between: R.M.Krishna S/o.Mohan Rao R/o.54-10-33/5, Munwar Manzil, Ishuka Thota, Visakhapatnam, Visakhapatnam District. ..... PETITIONER AND 1 Andhra Pradesh Road Transport Corporation, Rep. by its Managing Director, RTC X Roads, Hyderabad. 2 The Depot Manager, APSRTC., Visakhapatnam Rural Depot, Visakhapatnam. 3 The Asst. (Traffic) Manager, APSRTC., Visakhapatnam Rural Depot, Visakhapatnam. .....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 writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing the suspension order vide No.M1/25(1)/08- VSP, dt. 7.6.2008 as illegal, arbitrary, atrocious, untenable and violative of Article 14 of the Constitution of India and consequently set aside the same and pass such other order or orders. Counsel for the Petitioner: MR.G.TUHIN KUMAR Counsel for the Respondents: K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following ORDER: The petitioner is working as a Conductor in Visakhapatnam Depot of A.P.S.R.T.C. He was placed under suspension vide orders, dated 07.06.2008, on the ground that he was responsible for an altercation on 30.04.2008 at Hyderabad involving Sri D.Sudhakar, Driver of the same depot. The same is challenged. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. A perusal of the impugned order discloses that the suspension was based upon a preliminary report, dated 26.05.2008. The learned Standing Counsel produced the record relating to the same. It is mentioned in the preliminary report that the petitioner was on duty on a service from Visakhapatnam to Hyderabad and on reaching the destination, he went to the rest room. It was alleged that while taking rest, the petitioner had discussion with the Driver, Sri D.Sudhakar, and taking objection to some of the words said to have been uttered by the petitioner, the Driver had assaulted the petitioner. A complaint was submitted by the petitioner in Afzalgunj Police Station. Subsequently, both the employees compromised the matter. What has taken place on 30.04.2008, is almost personal between the petitioner on the one hand and the Driver on the other. Though some untoward incident has taken place, both of them have patched up the differences. The question as to whether the acts or omissions on the part of the petitioner constitute misconduct in terms of Regulations of the institution needs to be decided in the enquiry. It cannot be said that the allegation against the petitioner is so serious as to warrant suspension of service. Hence, the writ petition is allowed and the impugned order is set aside. The disciplinary authority shall proceed with the matter, uninfluenced by any of the observations made in this order. __________________ L.NARASIMHA REDDY,J Dt:19.06.2008. Note: Issue cc in two days. (b/o) Kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}