IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 28873 of 2008 Between: Ch.Lingeshwar Rao S/o.Ch.Venkateshwar Rao AP State Road Transport Corporation, Nizamabad ..... PETITIONER AND 1 The AP State Road Transport Corporation, rep.by its Chairman & Managing Director, Musheerabad, Hyderabad 2 The Dy.Chief Mechanical Engineer, AP STate Road Transport Corporation, Nizamabad 3 The Depot Manager-I, AP STate Road Transport Corporation, Nizamabad .....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 issue a writ or order or direction especially one in the nature of writ of mandmaus i.declare the impugned suspension order No.01/535(1)/2008-RM-NZB dated 5.11.2008 issued by the 2nd respondent as illegal, arbitrary, and set aside the same ii.and pass Counsel for the Petitioner: MR.K.VASUDEVA REDDY Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : O R D E R: This Writ Petition has been filed by the petitioner assailing the proceedings dated 5-11-2008 whereunder he has been placed under suspension pending enquiry in respect of the accident occurred on 28-9- 2008. 2. The petitioner is a driver in 1st respondent-Corporation. On 28.9.2008 at about 0630 hours while he was driving a bus bearing No.AP 28 Z 2231 an accident occurred resulting in the death of K.Babru. Departmental proceedings have been initiated against the petitioner for his rash and negligent driving. Pending departmental proceedings an order came to be passed keeping him under suspension. The said order is under challenge in this writ petition. 3. Heard both sides. 4. Learned counsel appearing for the petitioner submits that the accident occurred due to failure of brakes and there is no negligence on the part of the driver. 5. Whether the accident occurred due to failure of brakes or otherwise has to be gone into in the departmental enquiry. Therefore, it cannot be said at this stage that the accident is not due to rash and negligent driving of the petitioner. In that view of the matter, I do not see any valid ground to interfere with the order impugned in this writ petition. 6. Accordingly, this writ petition is dismissed. No costs. 20th January 2009. (B.Seshasayana Reddy,J) tnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{TRK} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.28873 OF 2008 20TH JANUARY 2009.