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Madras High CourtWP/7182/2021disposed of

P.Sivasankar v. The Tamil Nadu State Transport Corportion

2022-07-07Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.

of and W.M.P.No.

of P.Sivasankar .. Petitioner Vs.

1. The Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep. by its Managing Director, Vazhudhareddy, Villupuram District.

2. The General Manger, The Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore District - 632 009.

3. The Assistant Manager (Audit), The Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore District - 632 009.

.. Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 2nd respondent dated 16.07.2020 in Charge No.169567/S6/Ta.A.Po.Ka/Ve.Ma/2018, quash the same and consequently direct the respondents to refund the already recovered amount of Rs.33,264/- with 18% interest.

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For Petitioner : Mr.Krishna Prasad for Mr.R.Vimal For Respondents : Mr.Aswin Standing Counsel for TNSTC - - - - -

O R D E R

Mr.Aswin, learned Standing Counsel for TNSTC takes notice for the respondents.

2. With the consent of learned counsel on either side, the writ petition is taken up for final disposal.

3. The learned counsel appearing for the petitioner submitted that the petitioner preferred an appeal before the first respondent, namely the appellate authority, on 06.08.2020 as against the punishment imposed by the second respondent vide order 16.07.2020. As the said appeal is still pending, the learned counsel seeks a direction to the first respondent to pass orders on the appeal filed by the petitioner within a time frame.

4. Mr.Aswin, learned standing counsel appearing for the respondents, submitted before this Court that the first respondent will conclude the appeal proceedings and will pass suitable orders on merit. 2/4

5. Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the case, this Court directs the first respondent to conclude the appeal proceedings and pass suitable orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order after affording an opportunity of hearing to the petitioner. This writ petition is disposed of accordingly. Consequently, the connected miscellaneous petition is closed. No costs.

07.07.2022 Index: Yes / No kk To

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vazhudhareddy, Villupuram District.

2. The General Manger, The Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore District - 632 009.

3. The Assistant Manager (Audit), The Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore District - 632 009.

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D.KRISHNAKUMAR, J.

kk W.P.No.7182 of 2021 and W.M.P.No.7697 of 2021 07.07.2022 4/4