Gutta Brahmeswara Rao v. The State of Andhra Pradesh

Judgment

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Transport, Road and Building, Andhra Pradesh Secretariat, Amaravathi, Guntur District, Andhra Pradesh.

2. The Commissioner, Public Transport Department, Government of Andhra Pradesh, Amaravathi, Guntur Dist, Andhra Pradesh.

5. The Vice Chairman and Managing Director, Andhra Pradesh State Road Transport Corporation, Pandit Nehru Bus Station, Governorpeta, Vijayawada, Andhra Pradesh. The Depot Manager, Macherla, Palnadu District, Andhra Pradesh. The District Public Transport Officer, APSRTC, Narasaraopeta, Palnadu District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in

the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ Order or direction particularly, one in the nature of WRIT OF MANDAMUS declare the action of the 4‘^ respondent in issuing impugned suspension order No. 01/118(01 )/2022-MCL, dated 7.12.2022 followed by charge sheet issued proceeding issued by the 4^'' respondent u/regulation. 28(xxxi) and (xxxii) of APSRTC Employees (Conduct) Regulations, 1963 as the said regulations lost its significance and no more in operations as on the date of commission of charge in view of Andhra Pradesh State Road Transport Corporation (Absorption of employees into Government Service) Act-2019 subsequent GO MS No 50. 51, 52 dated 31.12.2019 as the subject matter is squarely covered by the orders of this Honourable court in the case of WP No 23680 of 2021 dt 19.10.2021 and WP No 29864 of 2022 dt

15.09.2022 and consequently set aside the Suspension order and the Charge sheet issued by the respondent no.4 vide 01/118(01 )/2022-MCL, dated 7.12.2022 as the regulation are no more in force in view of GO MS NO 50,51 and 52 dated 31.12.2019. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to temporarily suspend the impugned proceedings of Suspension and consequential charge memo issued by the 4*'' respondent vide its proceeding 01/ 118(01 )/2022-MCL, dated 7.12.2022 duly re instating the petitioner into services until further orders. Counsel for the Petitioner{s): Sri. JADA SRAVAN KUMAR Counsel for the Respondents: GP FOR SERVICES II Counsel for the Respondents: Sri. SOLOMON RAJU MANCHALA FOR APSRTC The Court made the following Order: APHC010295582023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17218/2023 Between:

1.GUTTA BRAHMESWARA RAO, S/0. CHENCHAIAHA, AGED ABOUT YEARS, OCC. APSRTC DRIVER (UNDER SUSPENSION) E. 729354, R/0. NEMALI PURI, RAJUPALEM, GUNTUR, ANDHRA PRADESH. ...PETITIONER AND

1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF TRANSPORT, ROAD AND BUILDING, ANDHRA PRADESH SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.

2.THE COMMISSIONER, DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. PUBLIC TRANSPORT

3.THE VICE CHAIRMAN AND MANAGING DIRECTOR, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, PANDIT NEHRU BUS STATION, GOVERNORPETA, VIJAYAWADA, ANDHRA PRADESH.

4.THE DEPOT ANDHRA PRADESH. MANAGER, MACHERLA, PALNADU DISTRICT,

5.THE DISTRICT PUBLIC TRANSPORT OFFICER, APSRTC, NARASARAOPETA, PALNADU DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S); issued impugned proceeding suspension Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of the 4th respondent in No. issuing 01/118(01 )/2022-MCL, dated 7.12.2022 followed by charge sheet issued by the 4th respondent u/regulation. 28(xxxi) and (xxxii) of APSRTC Employees (Conduct) Regulations, 1963 as the said regulations lost its significance and no more in operations as on the date of commission of charge in view of Andhra Pradesh State Road Transport Corporation (Absorption of employees into Government Service) Act-2019 and subsequent GO MS No 50, 51, 52 dated 31.12.2019 as the subject matter is squarely covered by the orders of this Honourable court in the case of WP No 23680 of 2021 dt 19.10.2021 and WP No 29864 of 2022 dt 15.09.2022 and consequently set aside the Suspension order and the Charge sheet issued by the respondent no.4 vide 01/118(01 )/2022-MCL, dated 7.12.2022 as the regulation are no more in force in view of GO MS NO 50,51 and 52 dated 31.12.2019 and pass lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to temporarily consequential charge memo issued by the 4th respondent vide its proceeding 01/ 118(01)/2022-MCL, dated 7.12.2022 duly re instating the petitioner into services until further orders and pass proceedings Suspension impugned suspend Counsel for the Petitioner:

1.JADASRAVAN KUMAR Counsel for the Respondent{S):

1.GP FOR SERVICES

2.SOLOMON RAJU MANCHALAFOR (APSRTC) The Court made the following order: In pursuance of letter dated 21.10.2024 addressed to the Registrar (Judicial), learned counsel for the petitioner seeks permission to withdraw the present writ petition. i Permission is accorded. Accordingly, the Writ Petition is dismissed as withdrawn. No order as to

3. costs. Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/- U. SRIDEVI ASSISTANT REQISTRAR SECTlON'OFFICER To,

2. One CC to Sri. JADA SRAVAN KUMAR Advocate [OPUC] Two CCs to GP FOR SERVICES II, High Court of Andhra Pradesh. [OUT]

3. Two CCs to Sri. SOLOMON RAJU MANCHALA FOR APSRTC, High Court of Andhra Pradesh. [OUT]

4. Two CD Copies. LA Writ NS Sec HIGH COURT DATED: 22/10/2024 ORDER WP.No.17218of 2023 DISMISSING THE WRIT PETITION WITHOUT COSTS