THE HON'BLE SRI JUSTICE K.C.BHANU Writ Petition No.19839 OF 2011 ORDER: 1 This Writ Petition is filed seeking to issue a writ of mandamus declaring the action of the respondents 1 and 2 in issuing the proceedings No.02/95(29)/2011-NDKR dated 22.06.2011 including the charge sheet as arbitrary, illegal and consequently to set aside the same. 2 The brief facts that are necessary for disposal of the Writ Petition are that the petitioner was appointed as Conductor on 16.01.2011 and was posted in Nandikotkur bus depot, Kurnool district. That on 27.05.2011 while conducting the route Nandikotkur to Nandyal a check was made at stage No.9 and in that, certain cash and ticket irregularities have been detected and a charge memo was issued to the petitioner on the spot. Subsequently a charge sheet was issued to him on 04.06.2011 calling upon him to submit his explanation within seven days. However, pending enquiry, vide proceedings dated 08.06.2011 of the third respondent the petitioner was taken into duty. 3 The petitioner further submits that to his utter surprise, the second respondent issued proceedings No.02/95(29)/2011-NDKR dated 22.06.2011 stating that the petitioner was involved in serious cash and ticket irregularities and hence the petitioner was placed under put off duty and a charge sheet was also issued to him on the same day. Hence the present Writ Petition. 4 The learned counsel for the petitioner contended that after lapse of one month the present impugned proceedings have been issued directing the petitioner to put off duty and therefore such an order is illegal. 5 The learned standing counsel for the respondents on the other hand contended that pursuant to the serious misconduct on the part of the petitioner, he was put off duty and there is no irregularity in passing the impugned order. 6 There cannot be any dispute that the disciplinary authority has to take appropriate decision when there is a prima facie serious misconduct alleged on the part of the employee. In the present matter the misconduct alleged against the petitioner is cash and ticket irregularities. Therefore, the impugned order is passed to put him off duty, which in other words amount to suspension pending enquiry. The impugned order is not a removal or dismissal from service. During the pendency of the enquiry only he is not permitted to discharge his duties. So the impugned order does not warrant any interference. 7 Accordingly this Writ Petition is dismissed. However, the respondents are directed to complete the enquiry within a period of six weeks from the date of receipt of a copy of this order, in accordance with the rules and regulations of the Corporation, after giving a reasonable opportunity to the petitioner. No costs. _____________ K.C. BHANU, J 15.07.2011 Kvsn