G.Nagaraj v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.3833 of 2023 G.Nagaraj ... Petitioner vs.

1. The Managing Director, Tamil Nadu State Transport Corporation, (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore.

2. The General Manager, Tamil Nadu State Transport Corporation, (Coimbatore) Ltd., No.1, Chennimalai Road, Erode District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's appeal dated 26.12.2022, preferred against the order of dismissal dated 29.10.2022 passed by the 2nd respondent in his proceedings No.1/D3/689/Law/ TNSTC/ER/2021 expeditiously, taking into account and considering the impending date of retirement of the petitioner in two months i.e on 31.03.2023.

Page No.1 of 4

For Petitioner : Mr.S.Girija For Respondents : Mr.A.Sundaravadhanam Standing Counsel

ORDER

This writ petition has been filed for the issue of writ of mandamus directing the 1st respondent to dispose of the appeal filed by the petitioner on 26.12.2022 within the time frame fixed by this Court. 2.

The case of the petitioner is that he was working as a Driver in the respondent Corporation. A charge memo was issued against him for unauthorized absence and ultimately, it resulted with a punishment of dismissal imposed against the petitioner by the 2nd respondent. Aggrieved by the same, the petitioner filed an appeal before the 1st respondent on 26.12.2022. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions. 3.

Heard Mrs.S.Girija, learned counsel appearing for the petitioner and Mr.A.Sundaravadhanam, learned Standing counsel appearing on behalf of the respondents.

Page No.2 of 4

4.

Taking into consideration, the limited relief sought for by the petitioner, there shall be a direction to the 1st respondent to consider the appeal filed by the petitioner on 26.12.2022 on its own merits and in accordance with law and pass final orders within a period of four weeks from the date of receipt of a copy of this order.

5.

The petitioner is directed to make a fresh representation to the 1st respondent along with all the relevant documents and also a copy of this order.

6.

This writ petition is disposed of with the above directions. No Costs.

10.02.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No sp/rka Note: Issue order copy on 22.02.2023 Page No.3 of 4

N. ANAND VENKATESH, J.

sp To

1. The Managing Director, Tamil Nadu State Transport Corporation, (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore.

2. The General Manager, Tamil Nadu State Transport Corporation, (Coimbatore) Ltd., No.1, Chennimalai Road, Erode District.

W.P No.3833 of 2023 10.02.2023 Page No.4 of 4