D.Sampath ( Driver Employment v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.08.2017

CORAM

THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.20883 of 2017 D.Sampath (Driver Employment No.40984), Under (removal from service), Tamilnadu State Transport Corporation (Villupuram) Limited, Tiruthani Depot, Kancheepuram District.

... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Kancheepuram Division, Kancheepuram.

...Respondents

Prayer : Petition filed under Article 226 of The Constitution of India praying to issue a writ of Mandamus, directing the 1st respondent to consider the appeal dated 20.02.2017 filed by the petitioner along with the additional grounds raised by the petitioner dated 24.04.2017. For Petitioner : Mr.G.Ilammurugu For Respondents : Mr.P.Kannan kumar

ORDER

The relief sought for in this writ petition is for a direction directing the 1st respondent to consider and pass orders on the appeal preferred by the writ petitioner on 20.02.2017.

2.

The disciplinary proceedings were initiated against the writ petitioner and a charge memo was issued and the writ petitioner defended the charge memo in the enquiry and on conducting the enquiry, a report was also submitted. Pursuant to the report, the Disciplinary Authority issued an order of removal from service on 24.12.2016. Challenging the order of removal issued by the disciplinary authority, the writ petitioner preferred an appeal before the 1st respondent on 20.02.2017 and additional grounds were raised by the petitioner on 24.04.2017 and the appeal preferred is pending. Since, the writ petitioner was removed from service, he is unable to meet out the day to day expenditure of his family and struggling to lead his life. Under these circumstances, the learned counsel appearing for the petitioner contended that it is suffice, if a direction is issued to consider the appeal on merits.

3.

Thus, the 1st respondent is directed to consider the appeal preferred by the writ petitioner on 20.05.2017 along with additional grounds and pass final 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. 4.

Accordingly, the writ petition stands disposed of. No Costs. 04.08.2017 sk Index:

Yes/No Internet:

Yes/No To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Kancheepuram Division, Kancheepuram.

S.M.SUBRAMANIAM.,J sk W.P.No.20883 of 2017 04.08.2017