SK SHEHENSHAH Vs. STATE OF AP

JUDGEMENT

(1.) Heard Sri S.M. Subhan, learned Counsel for the Writ Petitioner and Sri M. Siva Prasad, learned Counsel appearing on behalf of Sri M. Solomon Raju, learned Standing Counsel for APSRTC for the Respondent Nos.1 to 4.

(2.) The Order of the Hon'ble Division Bench of this Court in W.A.No.166 of 2014 dtd. 20/4/2022 cited by the learned Counsel for the Writ Petitioner is not relevant at the present stage. In the instant case, the Writ Petitioner has been suspended on 20/2/2024 (vide the Impugned Order (Ex.P.1)) and a Charge Memo has also been issued, on the allegation that he has been in an intoxicated condition while he was proceeding to perform duty.

(3.) In R.P. Kapur Vs. Union of India [(1964) 5 SCR 431], the Constitution Bench of Hon'ble Supreme Court held that the expression 'disciplinary matters' will also include 'suspension' by way of punishment as well as 'suspension' pending enquiry. The purpose of suspension pending enquiry is generally to facilitate the departmental enquiry and to ensure that in the course of enquiry, a public servant is not in a position to misuse his authority. Such a 'suspension', therefore, is a matter which relates to 'disciplinary matters'.