ORDER:

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“…to issue an order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in Removing the petitioner vide Proc No: 01/498(04)/VSP, Dt 9-7-2015, which was confirmed by the Appellate authority in Proc No: PA/19(75)2015-VSP (R), Dt 18-9- 2015, as high handed and arbitrage 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.…….”

2. Heard Sri S.M.Subhan, learned counsel for the petitioner and Sri Vinod Kumar Tarlada, learned Standing Counsel for the respondents.

3. The case of the petitioner is that he was appointed as a driver in the year 1992. While working in the 4th respondent depot, it was alleged that while when he was getting ready to perform his duty, the RTC constable conducted a Breath Analyzer Check and found that the petitioner was under the influence of alcohol. As per the report, the reading was shown as 21mg/100ml. As such, a show-cause notice was issued to the petitioner and after duly conducting an enquiry the petitioner was removed from the services on 09.07.2015, which was further confirmed by the Appellate Authority vide orders dated 18.09.2015. The further case of the petitioner is that on

15.02.2015, being the Sunday, a week off, he attended a family function along with his family members and there he consumed alcohol. His case is also that, he did not consume alcohol on 16.02.2015 and while he was about to perform his duty on 16.02.2015 at about 15 hours in Visakhapatnam-Chennai Garuda Volvo services bus, the R.T.C. constable conducted breathe analysis check and submitted a report against the petitioner showing the alcohol reading at 21mg/100ml. Thereafter, after duly conducting a detailed enquiry, the petitioner was removed from the service by respondent No.4 vide proceedings No.01/498(04)/15-VSP, dated 09.07.2015. Aggrieved by the said removal orders, the present writ petition is filed on the ground that during the course of breathe analysis, the alcohol in the blood of the petitioner was 21mg/100ml, whereas Section 185 of the M.V. Act, 1988 says that if it is found in breathe analysis test that the person has alcohol exceeding 30mg/100ml in his blood shall be punishable. Aggrieved by the action of the respondents, the petitioner filed the present Writ Petition.

3. A detailed counter was filed by the respondent Nos.1 to 4, wherein it is stated that as per the procedure, the petitioner was tested with breathe analyzer by the security staff before taking out the bus from the garage and the machine shown reading of 21mg/100ml which confirms that the petitioner is under the influence of alcohol. Basing on the test report, a preliminary enquiry was conducted by AM(T), Visakhapatnam. Thereafter, the petitioner was placed under suspension by duly issuing a show cause notice calling for explanation. A detailed domestic enquiry was conducted into the charges leveled against the petitioner by AM(T) Enquiries, Visakhapatnam. After following due procedure and after affording an opportunity to the petitioner under principles of natural justice, the Enquiry Officer has submitted the report holding that the charges against the petitioner are proved. The enquiry report was also given to the petitioner to submit his comments or objections, for which the petitioner has submitted his objections as the same were not satisfactory, the petitioner was removed from the service by 4^th respondent vide proceedings No.01/498(04)/15-VSP, dated 09.07.2015.

4. The respondents further referred to the judgment of this Court in W.P.No.3100 of 2015 dated 03.03.2015, in which it is observed as follows:

“…The primary d