IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14242 of 2008 Between: G. Satyanarayana Reddy, S/o. Raj Reddy, of APSRTC, Hyderabad - 1, Department, R/o. H.No. LIG 19 Huda Colony, Shamshabad, R.R. District. ..... PETITIONER AND The Depot Manager, APSRTC Hyderabad - I Dept. .....RESPONDENT 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 to issue an appropriate writ, order or direction preferably in the nature of Writ of Mandamus declaring the action of the respondent in issuing suspension order No. 01/2(16)/2008-HI dated 24-6-2008 without considering the facts that due to heavy rain in nigh. The Petitioner applied sudden breaks in high way road at 00.00 hrs to avoid fatal accident and save the car and passenger traveling in car which resulted the bus skidded and dashed to the divider without any loss to vehicles, no passengers injured not police case was booked, is as illegal unjust contrary to law arbitrary and violation of principles of natural justice by setting aside the suspension order and granting all consequential benefits directing to the respondent to take petitioner into service and to pass Counsel for the Petitioner:MR.MOHD.GHOUSEUDDIN Counsel for the Respondent No.: K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14242 of 2008 ORDER: The petitioner is working as a Driver in Hyderbad-I Depot of A.P.S.R.T.C. On 12.06.2008, he was on duty on a Service from Hyderabad to Banglore. He stated that at Shadnagar, when he made an attempt to avoid collision with a car, the bus had to cross the road divider and got stuck up for some time. On the ground that there was traffic jam, on account of the said mishap, the respondent placed the petitioner under suspension, through order, dated 24.06.2008. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent. The only allegation against the petitioner is that there was traffic jam at Shadnagar, on account of the fact that the bus being driven by him dashed against a road divider. If one takes into account, the unscientific manner, in which the roads are being maintained, it would hardly be any surprise that day in and day out, the road dividers, particularly in villages or small towns, themselves are becoming sources of accidents. Neither any regulatory measures are taken nor any signals, worth their names, are put up. Hardly one would know as to where a road divider starts and where it ends. In the thick traffic at peak hours, even a small mishap is bound to result in traffic jam. The petitioner cannot be squarely held liable for such a situation. At any rate, the question as to whether the petitioner was guilty of any misconduct needs to be examined in the disciplinary proceeding. The allegation against him is not so serious as to warrant suspension pending enquiry. In fact, it would not be in the interests of the respondent also to be denied the services of a trained driver. Hence, the writ petition is allowed and the order under challenge is set aside. It is directed that the petitioner shall be reinstated into service and the respondents shall endeavour to conclude the disciplinary proceedings, within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. _________ 04.07.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14242 of 2008 Date: 04.07.2008 JSU