IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.18675 OF 2011 Date:05.07. 2011 Between:- G.Ramachandra Rao .. Petitioner And APSRTC, Hyderabad, Rep.by its Managing Director and others. .. Respondents THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.18675 OF 2011 ORDER: This writ petition has been filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the action of respondent No.3 in placing the petitioner under suspension vide order No.01/227(3)/11-VSCD, dated 13.05.2011, for not attending the balance duty of Sri G.L.P.Raju, Depot Secretary on 01.05.2011, the day of rest of the petitioner as arbitrary and contrary to regulations, and consequently direct the respondents to revoke the suspension order and permit the petitioner to discharge his duties. 2. The brief facts that are necessary for the disposal of the present writ petition may be stated as follows: The petitioner has been appointed as Conductor in the respondent Corporation in the year 1986 and was discharging his duties. He has been entrusted with the duties of Asst. Depot Clerk out of designation in the bus pass counter. The computerization of bus passes was entrusted to RAM Infotech Ltd., and the employees of RAM Infotech Ltd. will be issuing passes in the Visakhapatnam depot premises and one of the Corporation employees will supervise their work and remit the cash collected at the end of the day to the Depot Clerk (Earnings). The petitioner performed duty on 30.04.2011 from 8.00 a.m. to 8.00 p.m. His scheduled date of rest was on 01.05.2011. While he was availing rest, one G.L.P.Raju, Depot Secretary, who was assigned with the duty of Bus Pass Counter on 01.05.2011 from 08.00 a.m. to 08.00 p.m., called him over telephone at about 13.00 hours and asked him to come over to depot to discuss an urgent matter. When he reached the depot at 13.30 hours, he was informed to perform the balance duty of G.L.P. Raju in bus pass counter from 13.30 hours onwards. He expressed his inability and went away. When he attended the depot at 16.00 hours to collect the pay slip, the Security Guard questioned him as to whether he was performing the duty for which he informed that he was availing rest and not carried out the balance duty of G.L.P.Raju. On 02.05.2011, when he came to duty, he was kept under depot spare. He enquired the reasons and came to know that on 01.05.2011, G.L.P.Raju, who was on duty in the bus pass counter, celebrated May Day functions in the Union Office during the working hours and the rival union members have filed a complaint stating that the Depot Secretary, who is on duty, is celebrating the May Day Celebrations in the Union Office leaving his work at bus pass counter. The Depot Secretary managed with the Traffic Inspector-III to show that he availed National Holiday off and therefore, he called the petitioner to perform his remaining duty from 13.30 hours so as to escape the disciplinary action pursuant to the complaint. As the petitioner expressed his inability to attend the balance work of G.L.P.Raju on 01.05.2011, charges were framed on 13.05.2011. Basing on the charge sheet, he was placed under suspension by the impugned order alleging that he concealed the fact of performing duty from afternoon of 01.05.2011 and tried to create an atmosphere of absconding duties by G.L.P.Raju. The charges framed against him are false and arbitrary. Aggrieved by the action of respondent No.3 in placing him under suspension, he filed an appeal, dated 03.06.2011, to the Deputy Chief Traffic Manager, Visakhapatnam (Urban) but no action has been taken. 3. Heard both sides. 4. Learned counsel for the petitioner contended that the petitioner preferred appeal, dated 03.06.2011, to the Deputy Chief Traffic Manager, Visakhapatnam (Urban) and the same is pending before respondent No.2 and respondent No.2 is not disposing of the said appeal. 5. The petitioner cannot be permitted to prosecute two parallel proceedings in respect of the same cause of action. Therefore, respondent No.2 is directed to dispose of the appeal, dated 03.06.2011, in accordance with rules and regulations of Corporation, within a period of two (2) weeks from the date of receipt of a copy of this order and thereafter communicate the order to the petitioner. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 05th July, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.18675 OF 2011 Date:05.07.2011 AMD