IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.15161 of 2011 Date:08.06.2011 Between: P.R. Reddy .....Petitioner AND The A.P.S.R.T.C., rep. By its Managing Director, Musheerabad, Hyderabad and another ....Respondents The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.15161 of 2011 ORDER: This writ petition is filed under Article 226 of the Constitution of India to declare the impugned proceedings dated 19.05.2011 issued by the respondents placing the petitioner under suspension as illegal and arbitrary and consequently set aside the same by reinstating the petitioner with all consequential benefits. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. Basing on the report said to have been given by the A.P.S.R.T.C. Head Constable that the petitioner abused Sri D.K. Murthy, Driver of another Depot on 24.01.2011, the petitioner was placed under suspension. No dout, the A.P.S.R.T.C authorities are at liberty to place an employee under suspension on the ground of serious misconduct, but at the same time the misconduct should be in relation to discharge of his duties. The allegation is that the petitioner abused one driver of the Janagam Depot outside the main gate. The charge reads as follows: 1. For having used abusive words against Sri D.K. Murthy, E.342469, Driver (Depot Secretary) on 24.01.2011 at outside of the depot main gate by using the filthy and unparliamentary language i.e., “Meeru Rajakeeyam Chestunnaru, Mee Rajakeeyaanni Katthi Petti Chherutha” which amounts to mis- conduct under Regulation No.28 (xxxi), (xxxii) of APSRTC Employees (Conduct) Regulations, 1963. 2. For having threatened towards Sri D.K. Murthy, E.342469, Driver (Depot Secretary) on 24.1.2011 at out side of the main gate with shouted and loudly as “Mee Rajakeeyaanni Katthi Petti Chherutha”, which amounts to misconduct under Regulation No.28 (xi) & (xxi) of APSRTC Employees (Conduct) Regulations, 1963. As seen from the charges, some quarrel might have been taken place between two persons and that cannot be a ground for the A.P.S.R.T.C authorities to place the petitioner under suspension especially when the incident has taken place outside the premises of the depot. Therefore, prima facie it cannot be taken as a serious misconduct on the part of the petitioner so as to place him under suspension by disciplinary authority. Hence, the order of the respondents dated 24.1.2011 suspending the petitioner for the alleged misconduct is set aside and the respondents are at liberty to conduct an enquiry in accordance with the rules and regulations governing the service conditions of the petitioner and take appropriate decision uninfluenced by any observations made in this order. Accordingly, the writ petition is disposed of with the above observations. No order as to costs. _______________ K.C. BHANU, J June, 08, 2010 Gk. THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.15161 of 2011 08th June, 2011 Gk.