A.Vediappan v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15..06..2023 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Writ Petition No.7383 of 2013 & M.P.Nos.1 to 3 of 2013 A.Vediappan ..... Petitioner -Versus1.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Division, Dharmapuri District.

2.The Director of School Education, College Road, Nungambakkam, Chennai 600006.

3.G.U.Rajendran, Enquiry Officer, Senior Assistant, Tamil Nadu State Transport Corporation, Dharmapuri Division, Dharmapuri District.

..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 1st respondent in vz;/ 380/6953/o3/jehmnghf/2012 dated 11.03.2013 and consequently directing the 3rd respondent to conduct the

enquiry following the principles of natural justice by producing the original copy of the school certificate supplied by the petitioner at the time of initial appointment.

For Petitioner : Mr.A.R.Nixon For Respondents : Mr.R.Babu for R1 No Appearance for RR2 & 3

ORDER

This writ petition challenges the proceedings of the 1st respondent dated 11.03.2023 calling upon the petitioner to submit his further explanation and for a consequential direction to the 3rd respondent to conduct the enquiry by following the principles of natural justice.

2. Mr.A.R.Nixon, learned counsel appearing for the petitioner would produce copy of the enquiry report attached to the impugned proceedings dated 11.03.2013. The report is hardly legible and that with such an illegible copy of enquiry report, the petitioner will not able to submit his further explanation. On that score I am not inclined to quash the second show cause notice, especially, when the charge levelled against the petitioner is a serious one. The respondents are directed to give a legible copy of the enquiry report to the petitioner and if necessary, a typed copy of the same along with the second

show cause notice can be appended along with the same, within a period of two weeks from today. As the petitioner claims that he is innocent and he will not seek time and prolong the enquiry, he is given two weeks time from the date on which he receives copy of the enquiry report to give his further explanation. The entire proceedings must be completed on or before 31.08.2023. The petitioner shall be granted reasonable time, if he so requires, but, at any cost, the enquiry shall be completed and final orders have to be passed within the aforesaid time limit.

In the result, the writ petition is partly allowed with the above directions. No costs. Consequently, connected MPs are closed. 15..06..2023 Index : yes / no : yes / no Speaking / Non Speaking Order kmk Note: Issue order copy on 16.06.2023.

To 1.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Division, Dharmapuri District.

2.The Director of School Education, College Road, Nungambakkam, Chennai 600006.

V.LAKSHMINARAYANAN, J.

kmk 15..06..2023