S.Subramani, v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.06.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.18951 of 2016 S.Subramani .. Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation [Salem] Ltd., Salem Zone, Salem.

2.The General Manager, Tamil Nadu State Transport Corporation [Salem] Ltd., Dharmapuri Zone, Salem Main Road, Bharathipuram, Dharmapuri - 636 705.

3.The Branch Manager, Tamil Nadu State Transport Corporation, Thirupathur, Vellore District.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 16.04.2016 and dispose of the petitioner's appeal dated 08.03.2016 pending on the file of first respondent as expeditiously as possible.

For Petitioner : Mr.N.Jayakumar For Respondents: Mr.Paramasivadoss Standing Counsel

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the first respondent to consider the petitioner's representation dated 16.04.2016 and dispose of the petitioner's appeal dated 08.03.2016 pending on the file of first respondent as expeditiously as possible.

2.The petitioner joined service as Driver with the respondents' Corporation and he was serving for the past 27 years. Based on certain allegations, he was issued with a show cause notice dated 05.02.2016 directing him to submit a reply for certain false and fabricated certificates of his date of birth within a period of four days. According to the petitioner, he has not given sufficient opportunity to enable him to submit a detailed reply. In the meanwhile, he has been issued with a dismissal order dated 09.02.2016. According to the petitioner, immediately he submitted his representation to the first respondent asking him to give an opportunity of personal hearing and he has also filed an appeal before the first respondent on 08.03.2016 but till date no orders have been passed. The petitioner has got no other alternative except to approach this Court to consider his representation dated 16.04.2016 and dispose of his appeal dated 08.03.2016 and hence, the Writ Petition has been filed.

3.Mr.N.Jayakumar, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if his representation is directed to be considered and appropriate orders are passed as expeditiously as possible. 4.Mr.Paramasivadoss, the learned Standing Counsel for the respondents has got no serious objection for directing the first respondent, who is the competent authority to consider the representation of the petitioner and pass appropriate orders, on merits and in accordance with law.

5.Considering the submissions made on either side, this Court, without going into the merits of the claim made by the petitioner, directs the first respondent, to consider the representation of the petitioner, dated 16.04.2016 and dispose of the petitioner's appeal dated 08.03.2016 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner. 6.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sri

To 1.The Managing Director, Tamil Nadu State Transport Corporation [Salem] Ltd., Salem Zone, Salem.

2.The General Manager, Tamil Nadu State Transport Corporation [Salem] Ltd., Dharmapuri Zone, Salem Main Road, Bharathipuram, Dharmapuri - 636 705.

3.The Branch Manager, Tamil Nadu State Transport Corporation, Thirupathur, Vellore District.

+1cc to Mr.N. Jayakumar, Advocate, S.R.No.31642 +1cc to Mr.P. Paramasivadoss, Advocate, S.R.No.32281 EV(CO) EU(22/06/2016) W.P. No.18951 of 2016