Allowed

L. V.V.S. Narayana, v. The Depot Manager, Apsrtc

Telangana HC14 Aug 2014WA/1092/2014

Case brief

AI extract

What is this about?

In this writ appeal, the High Court allowed the appeal against an order of suspension pending enquiry. The court held that the charge was not grave and the enquiry must determine the necessity of the trip and any justification. Continuing suspension was found to cause hardship and deprive the employer of services, so the order was set aside and the appellant was ordered reinstated subject to the o

What did the court decide?

The impugned order of suspension was set aside. The appellant was ordered to be reinstated, subject to the outcome of the disciplinary proceedings.

L. V.V.S. Narayana, Vs The Depot Manager… — Pension and Retirement Benefits | Telangana HC (2014)

¶1

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY W.A.No.1092 of 2014

¶2

JUDGMENT: (Per LNR,J)

¶3

The appellant is employed as a Driver in the Eleswaram Depot of A.P.S.R.T.C., 1^st respondent herein. On 24.06.2014, he was entrusted with the duty to operate a bus with Ticket Issuing Machine, where the tickets will be issued by the Driver himself. A check was conducted after Rajanagaram, on the way to Vijayawada. Alleging that the appellant did not take the service to Rajanagaram Depot, a charge sheet was issued on 02.07.2014. On the same day, an order of suspension pending enquiry was passed. Challenging the same, the appellant filed W.P.No.20932 of 2014. The learned Single Judge dismissed the writ petition through order, dated 30.07.2014. Hence, this writ appeal. Heard learned counsel for the appellant and learned counsel for the respondents.

¶4

It is no doubt true that this Court would be slow to interfere with the orders of suspension pending enquiry. Where however, it is evident that the charges are not grave or the continued discharge of duties by the employee is not detrimental to the organization, suspension would not be in the interest of any. The only charge against the appellant is that he did not take the service to Rajanagaram Depot. The question as to whether the bus was to be taken to that place as per the trip schedule or whether the appellant has any justification in not taking the service has to be determined in the departmental enquiry. The appellant has already suffered suspension for a period of one month. The continued

¶5

suspension would cause hardship to the appellant, on the one hand and deprive the respondents of utilizing the service of a senior driver, on the other hand.

¶6

Therefore, we allow the writ appeal and set aside the order passed in the writ petition. As a result, the writ petition is allowed and the order impugned therein is set aside. The reinstatement of the appellant shall be subject to the outcome of the disciplinary proceedings. It is also made clear that it shall be open to the respondents to entrust any other duties to the appellant herein.

¶7

The miscellaneous petition filed in this writ appeal shall also stand disposed of. There shall be no order as to costs.

¶8

____________________ L.NARASIMHA REDDY, J

¶9

____________________ T.SUNIL CHOWDARY, J

¶10

Date: 14.08.2014 JSU

¶11

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND

¶12

THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY

¶13

W.A.No.1092 of 2014

¶14

Date: 14.08.2014 JSU

L. V.V.S. Narayana, v. The Depot Manager, Apsrtc

Case brief

What is this about?

What did the court decide?

L. V.V.S. Narayana, v. The Depot Manager, Apsrtc

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Commissioner of I.T. Hyderabad Vs S.B.H.

M/s. Sri Konark Precision Tools Pvt. Ltd., Rep.by its Vs Government of India

Mrs.S.Shyamala. Vs Singareni Collieries Company Limited.

Apsrtc, Rep by its Depot Manager, Adilabad Depot, Vs M.A. Basheer, S/o. M.A. Sattar

Pothina Venkata Rama Rao Vs Asst. Commissioner of Income Tax

Comm. of Income Tax III Hyd Vs Sirpur Paper Mills Ltd. Hyd