IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.25609 of 2008 Between: P.J.Rao, E.No.459479, R/o.Shivalayam Street, Kasibugga, Srikakulam District. ..... PETITIONER AND 1 The Regional Manager, A.P.S.R.T.C. Srikakulam Region, Srikakulam. 2 The Depot Manager, A.P.S.R.T.C. Palasa Depot, Palasa, Srikakulam District. .....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 an order, direction or writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declare the action of the respondents in issuing Charge Sheet No.02/197 (04)/08-PLS, dated 11-11-2008 to the Petitioner as illegal, arbitrary, and unjust (ii) declare the action of the Respondents in placing the Petitioner under suspension vide Suspension Order No. 02/197 (04)/08-PLS, dated 11.11.2008 basing on the preliminary enquiry report as illegal, arbitrary and unjust; and (iii) consequently direct the Respondents to set aside the same and reinstate the petitioner into service with all consequential benefits and pass such other order or orders. Counsel for the Petitioner: MR.G.VIDYASAGAR Counsel for the Respondents: MR.C.APPAIAH SARMA The Court made the following : ORDER: This writ petition is filed by the petitioner for issuance of a writ of mandamus declaring the action of the respondents in issuing Charge Sheet No.02/197 (04)/08-PLS, dated 11.11.2008 and placing him under suspension vide Suspension Order No. 02/197 (04)/08-PLS, dated 11.11.2008 basing on the preliminary enquiry report, as illegal, arbitrary and unjust and consequently to direct the respondents to set aside the same. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent-Corporation. It is the case of the petitioner that he was appointed as Conductor in the respondent Corporation in the year 1987 and his services were regularized in the year 1990. While so, on 03.11.2008 he was allotted Palasa-Kakinada service trip and he started at Palasa at 5.30 p.m on the said date and reached Kakinada at 3.30 a.m on 04.11.2008. After arrival of the link conductor to the said service, he went to Yanam at 6.00 a.m by bus. Surprisingly, at Tallarevu, the Excise Officials entered into the bus and arrested him alleging that he was carrying liquor bottles. It is stated that his signatures were obtained on a blank paper by the Excise Officials and panchanama was prepared, on the basis of which, the respondents have issued the charge sheet and suspended him. Hence the writ petition. Prima facie, I am not inclined to accept the contentions advanced by the learned counsel for the petitioner and go into the merits of the matter, for the reason that the present writ petition is filed to quash the charge sheet. Even though the petitioner was given opportunity to submit his explanation to the charges leveled against him, he straight away approached this Court without submitting his explanation. Since the impugned order is only a charge sheet and the petitioner was given an opportunity of submitting explanation, at this stage, this Court cannot exercise its jurisdiction to quash the same. The writ petition is premature and it is accordingly dismissed. However, the petitioner is at liberty to submit his explanation to the charge sheet, which shall be considered by the authorities in accordance with law. N.V.RAMANA, J Dt.24.10.2008 va/msv