ORDER:

This writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:

“....to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in removing the petitioner from service alleging that the petitioner was in intoxication without there being any medical examination vide Proceedings No.01/498(10)/ 2015-VSP, dt.14.7.2015 and the Appellate authority Order in Proceedings No.PA/.19(83)2015-VSP fi, Dt.30.11.2015 as high handed and arbitrary action contrary to the provisions of AP Motor Vehicles Act, Discrimination capricious unconstitutional, and as such liable to be set aside in the interest of justice with a consequential direction to the respondents to extend all the benefits from the date of suspension to till reinstatement forthwith and to pass.....”

2. The petitioner herein was appointed as driver in the year 2008 and while working in the 4th respondent depot, it is alleged against the petitioner that he consumed alcohol, by conducting breath analyzer check. The petitioner was issued with a charge-sheet for which the petitioner has submitted an explanation denying the charges. In spite of the same, after duly conducting an enquiry, the petitioner was removed from service on 14.07.2015, which was confirmed by the appellate authority vide proceedings dated 30th November, 2015.

3. The facts of the case are that on 22.04.2015, the petitioner herein, after completing his duty by 20.00 hrs, was not feeling feel well due to heavy rush, tiredness and in order to perform his charted duty on the next day, started taking rest after taking sleeping pills. While the petitioner was taking rest, the concerned Depot Manager had called the petitioner over phone and entrusted him double duty. Thus, the petitioner had attended the depot for double duty in the morning hours i.e., 5.00 AM of 23.04.2015. When he was yet to perform his duty, a breath analyzer test was conducted, wherein the reading of alcohol was shown as 24/100MG and when tested again, it was shown as 0/100MG. But, the Depot Manager, without considering the same, has issued Charge sheet against the petitioner and thereafter, imposed punishment of removal, which was further confirmed by the appellate authority. Challenging the same, the present writ petition is filed.

4. The respondents have filed a counter stating that on

23.04.2015, the petitioner was assigned duty for 05.00hrs VSP-

Amalapuram Service with vehicle No.AP29Z0363. While the said service was ready to go out of the garage, the Security Personnel tested the petitioner with Breath Analyzer as a part of routine check-up, subsequent to which, the breath analyzer gave a beep sound along with a red signal confirming that the petitioner is under the influence of alcohol and the reading shown is 24mg/100ml. A printout of the said reading was taken vide test record No.7249, dated 23.04.2015 at 04.41hrs in the presence of service driver, on duty controller and obtained the attestation on the report. Immediately, the petitioner was withdrawn from the duty and the service was operated by an alternate driver.

5. Thereafter, a preliminary enquiry was conducted by AM(T)/VSP and as a prima facie case of serious offence is established, the petitioner was placed under suspension by duly issuing a charge sheet dated 28.04.2015. Subsequent to the issuance of the charge sheet, the petitioner has filed an explanation and after receiving the same, the case was entrusted to AM(T)/Enquiries for conducting a domestic Enquiry into the charges levelled against the petitioner. A detailed enquiry has been conducted by the Enquiry Officer duly affording all reasonable opportunities to the delinquent employee and submitter her report. A copy of the said domestic enquiry report was supplied to the driver for his comments/remarks. After receiving the comments from the driver/petitioner, the entire case was once again examined and the petit