M.Kamarajan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN M.Kamarajan ... Petitioner Vs.
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram Division, Vazhudareddi Post, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Zone, Ponneri Karai, Kancheepuram District.
3. The Branch Manager, TNSTC (Villupuram) Ltd., Maduranthagam Depot, Kancheepuram Zone.
4. The Superintendent (LAW), TNSTC (Villupuram) Ltd., Villupuram.
... Respondents 1/6
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, call for the records in order dated 09.10.2024 in Koo No.3173/L05/TNSTC(V)Ltd/2023 on the file of the first respondent and quash the same.
For Petitioner : Mr.K.Seetharam For Respondents : Mrs.S.Pavithra, Standing Counsel *****
O R D E R
The instant writ petition has been filed to quash the order dated 09.10.2024 on the file of the first respondent.
2. The learned counsel for the petitioner would submit that a departmental proceeding has been initiated based upon the First Information Report that has been registered against the petitioner. Subsequently, the First Information Report has been closed as a mistake of fact. Despite this, the respondents proceeded with the disciplinary proceedings and imposed punishment against the petitioner. It is the further submission of the learned counsel for the petitioner that against the order of the disciplinary authority, he has also preferred an appeal, and the appeal was also dismissed and 2/6
confirmed the order of the disciplinary authority. He would further submit that, in view of the closure of the First Information Report, the disciplinary authority has no locus to proceed with the disciplinary proceedings. Hence, he prayed to quash the order of the Appellate Authority.
3. The learned Standing Counsel appearing for the respondents would submit that the petitioner has got an alternative remedy before the Labour Court, and that the disciplinary authority is competent to proceed departmentally notwithstanding the outcome of the criminal proceedings, and here in this case, the petitioner was imposed with the punishment of stoppage of increment for two years, and such punishment is proportionate to the gravity of the charges. Hence, she prayed to dismiss the instant Writ Petition.
4. I have given my anxious consideration to the submissions made on either side.
5. The main fulcrum of the argument of the learned counsel for the petitioner is that the closure of the First Information Report is a ground to quash the order of the Appellate Authority. This Court is not in agreement 3/6
with the submission made by the learned counsel for the petitioner. It is a well-settled principle of law that notwithstanding the result of the criminal proceedings, the disciplinary authority is competent enough to proceed departmentally against the delinquent. Therefore, I do not find any merit in the present Writ Petition.
6. Accordingly, this Writ Petition is dismissed. However, the petitioner is given liberty to challenge the order of the Appellate Authority before the appropriate forum in accordance with law. No costs. 04.06.2025 kv Index : Yes/No Speaking order /Non Speaking Order 4/6
To
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram Division, Vazhudareddi Post, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Zone, Ponneri Karai, Kancheepuram District.
3. The Branch Manager, TNSTC (Villupuram) Ltd., Maduranthagam Depot, Kancheepuram Zone.
4. The Superintendent (LAW), TNSTC (Villupuram) Ltd., Villupuram.
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C.KUMARAPPAN, J.
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