Mr.G.Rangarasu v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and M.P.No.1 of 2011 Mr.G.Rangarasu ... Petitioner Vs.

The Managing Director, Puducherry Road Transport Corporation Limited, Puducherry.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records leading to the issue of the impugned order dated 20.09.2011 passed by the respondent herein in F.No.202/PRTC/Admn/93/828 and quash the same. For Petitioner : Mr.L.Mouli For Respondent : Mr.R.Sreedhar

O R D E R

Heard Mr.L.Mouli, learned counsel for the petitioner and Mr.R.Sreedhar, learned Standing Counsel for the respondent Corporation.

2. This writ petition has been filed aggrieved by an order 20.09.2011, whereby Modified Assured Career Progression benefit extended in favour of the petitioner was cancelled by a single line order.

3. A perusal of the impugned order discloses that no opportunity was afforded to the petitioner before issuing the impugned order and the benefit that was granted in favour of the petitioner on 06.12.2010 was withdrawn, prejudicially affecting the petitioner and also affecting the petitioner financially. In view of the same, the impugned order cannot be sustained for want of compliance of the principles of natural justice.

4. Further, this court while entertaining the writ petition, granted interim stay of the operation of the impugned order and subsequently, the said order was made absolute in M.P.No.2 of 2011 by an order dated 22.12.2011 and the said order is still in operation. Thus, the operation of the impugned order is stayed for the past about 13 years.

5. As already noted above, the impugned order is issued in gross

violation of the principles of natural justice and hence, the same cannot be sustained under law.

6. Accordingly, the impugned order dated 20.09.2011 passed by the respondent herein in F.No.202/PRTC/Admn/93/828 is quashed and the matter is remanded back to the respondent to take appropriate action in accordance with law by duly complying with the principles of natural justice.

7. Accordingly, the writ petition is disposed of. No costs. Connected miscellaneous petitions, if any, shall stand closed. 21.12.2024 skr Index : Yes / No Speaking order / Non-speaking order To The Managing Director, Puducherry Road Transport Corporation Limited, Puducherry.

MUMMINENI SUDHEER KUMAR, J.

skr

21.12.2024