THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.28846 of 2008 ORDER: The petitioner is employed as a Conductor in the Tuni Depot of A.P.S.R.T.C. The 2nd respondent issued charge sheet dated 25.11.2008 framing two charges against the petitioner. It was alleged that the petitioner is involved in a heinous offence of murder of the wife of her brother on 10.06.2008, in furtherance of her demand for extra money. The second charge was that she failed to inform her involvement in the criminal case, to the Corporation. The petitioner challenges the said proceedings. She contends that the respondents cannot compel her to state anything as regards her alleged involvement in the criminal case. The prayer in the writ petition is for deferment of the enquiry. However, across the Bar, learned counsel for the petitioner submitted that the first charge cannot be sustained at all. The respondents filed a counter affidavit narrating the circumstances, under which the charge sheet came to be issued. It is urged that the petitioner can put forward all her defence in the course of trial. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. A perusal of the charge sheet discloses that the first charge is totally outside the scope and purview of the disciplinary enquiry. It proceeded as though the petitioner has committed crime. The fact remains that the case against the petitioner in the criminal Court is still pending. Till the Court of competent jurisdiction decides that the petitioner is involved in a criminal case, the respondents cannot take such a stand. The second charge is about her failure to inform the involvement in the charge. No exception can be taken to it. Therefore, the writ petition is disposed of setting aside the first charge framed in charge sheet, dated 25.11.2008. It is however left open to the respondents to frame any other charge in the place of that. It is directed that the respondents shall not compel the petitioner to reveal her defence in the criminal Court and it shall be open to them to proceed with the enquiry, as long as it does not touch the involvement of the petitioner in the criminal case. There shall be no order as to costs. __________ 09.07.2010 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.28846 of 2008 Date: 09.07.2010 JSU