Sri P.V.S. Reddy v. The Government of A.P.
Case brief
What is this about?
This judgment disposed of two applications concerning a driver suspended from service. The court held that regulations do not require gazette notification to be valid under the RTC Act. However, upon review, the court granted subsistence allowance to the petitioner, correcting a lower court order that denied it, while dismissing the challenge to the suspension.
What did the court decide?
Writ appeal allowed; subsistence allowance granted during suspension. Writ petition dismissed; suspension upheld. Enquiry directed to be completed within six months.
What the court decided
THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE V.SURI APPA RAO
Writ Appeal No.785 of 2010 and Writ Petition No.23364 of 2010
Date: 02-02-2011
Writ Appeal No.785 of 2010: Between Sri P.V.S.Reddy … Appellant/Petitioner and The Government of A.P., Rep. by its Secretary, Transport Roads & Buildings Department, Secretariat Buildings, Hyderabad and 4 others … Respondents/Respondents Writ Petition No.23364 of 2010: Between Sri P.V.S.Reddy … Petitioner and The Government of A.P., Rep. by its Secretary, Transport Roads & Buildings Department, Secretariat Buildings, Hyderabad and 4 others … Respondents THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE V.SURI APPA RAO
Writ Appeal No.785 of 2010 and Writ Petition No.23364 of 2010
Common Judgment: (per V.Suri Appa Rao, J.)
Since the issue involved in both the writ appeal and the writ petition being the same they are clubbed and disposed of by the common judgment.
2. It would, therefore, suffice if the facts in the writ petition are narrated. The petitioner filed the writ petition under Article 226 of the Constitution of India to issue a Writ, order or direction more particularly one in the nature of Writ of mandamus declaring the action of the 5th respondent in issuing suspension order and charge-sheet vide Proceedings No.02/95(28)/10-VGR dated
Issues for consideration
3 issues framed by the court
Whether the Railway/Motor Transport Corporation regulations require gazette notification under Section 45 of the RTC Act, 1950 to be valid and binding.
Whether a suspended employee is entitled to subsistence allowance if the Dengues/staff suspects that he is not engaged in any other employment.
Whether the suspension order passed by the 5th respondent is illegal and ultra vires due to lack of regularisation in gazette.
Parties & counsel
- petitioner
P.V.S.Reddy
- respondent
Government of A.P., Rep. by its Secretary, Transport Roads & Buildings Department
Coram
B.PRAKASH RAO
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · February
- Registered
- Case no.
- WA/785/2010
Similar cases
Judgements on the same questions, provisions and authorities, from every court