M.V.Sadasivan, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.10135 of 2024 and W.M.P.Nos.11178 & 11180 of 2024 M.V.Sadasivan, S/o.Venkatachalam ... Petitioner Vs.
1. The Managing Director, Tamil Nadu State Transport Corporation, (Salem Zone), No.12, Ramakrishna Salai, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation, Salem Division, No.12, Ramakrishna Road, Salem - 7.
3. The Branch Manager, Pallapatti Branch, Tamil Nadu State Transport Corporation, Pallapatti, Salem District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorari, calling for records pertaining to the final order in Ku.No.881-17193-T6-Tha.A-Poka-2018 dated 24.02.2020 issued by the 2nd respondent and quash the same. 1/4
For Petitioner :
Mr.M.Senthilkumar For Respondents :
Mr.K.Raja Standing Counsel ******
ORDER
This writ petition challenges the impugned order of punishment dated 24.02.2020.
2. The learned counsel appearing on behalf of the petitioner submits that it is now settled law that whenever these kinds of documents are lost, the value of the said documents cannot be recovered and such a punishment cannot be imposed.
3. However, it can be seen that the order is of the original authority and it states that there is an appeal remedy, which could be filed to the Managing Director, who is the first respondent herein within a period of 90 days.
3. Learned counsel for the petitioner also submits that, the petitioner has already filed an appeal on 07.04.2020, therefore, the first 2/4
respondent herein may be directed to dispose of the said appeal within a time frame as may be fixed by this Court.
4. In that view of the matter, this writ petition is disposed of on the following terms:
1. Along with the copy of this order, the petitioner shall make a representation by enclosing the copy of the appeal dated 07.04.2020. In the representation, the petitioner is also entitled to raise additional grounds. The petitioner shall submit such representation within a period of one week from the date of receipt of a copy of this order.
2. Thereafter, within a period of three months, the appeal shall be disposed of by the first respondent.
3. No costs. Connected miscellaneous petitions are closed. 15.04.2024 Index: Yes/No Speaking Order: Yes/No mp 3/4
D.BHARATHA CHAKRAVARTHY, J.
mp To
1. The Managing Director, Tamil Nadu State Transport Corporation, (Salem Zone), No.12, Ramakrishna Salai, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation, Salem Division, No.12, Ramakrishna Road, Salem - 7.
3. The Branch Manager, Pallapatti Branch, Tamil Nadu State Transport Corporation, Pallapatti, Salem District.
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