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Madras High CourtWP/17132/2018dismissed

T.Robert William, v. The General Manager,

2018-07-10Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2018

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN W.P.No.17132 of 2018 & W.M.P.No.20391 of 2018 T.Robert William .. Petitioner Vs.

1.The General Manager, Tamilnadu State Transport Corporation, Salem Division, No.12, Ramakrishna Road, Salem.

2.The Branch Manager, Mettur Depot, Tamilnadu State Transport Corporation, Salem Division, Salem District.

.. Respondents Petition filed under Article 226 of The Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the service records on the file of the 1st respondent in respect of the proceedings in F/vz;.199-4590-o3 jhnghf 2018. dated 16.03.2018 and quash the same and consequently direct the respondents to disburse the salary to the petitioner for the period from 19.03.2018 to 28.03.2018 wherein he has placed under illegal suspension along with accrued interest till the date of realization.

For Petitioner .. Mr.T.R.Udayakumar For Respondents .. Mrs.S.Rajeni Ramadoss, SC

ORDER

The petitioner has approached this Court, seeking the following relief:- "To issue aWrit of Certiorarified Mandamus calling for the service records on the file of the 1st respondent in respect of the proceedings in F/vz;.199-4590-o3 jhnghf 2018, dated 16.03.2018 and quash the same and consequently direct the respondents to disburse the salary to the petitioner for the period from 19.03.2018 to 28.03.2018 wherein he has placed under illegal https://hcservices.ecourts.gov.in/hcservices/

suspension along with accrued interest till the date of realization".

2. The petitioner was employed as Driver in the 2nd respondent Depot. While he was working as Driver, he was placed under suspension by order, dated 16.03.2018. The Department has framed three charges against him. The said suspension order dated 16.03.2018, is the subject matter of the writ petition. The petitioner also prays for a consequential relief for payment of salary for the period of suspension from 19.03.2018 to 28.03.2018 with interest. According to the petitioner, the suspension order was subsequently revoked on 28.03.2018.

3. After going through the grounds and pleadings as raised in the writ petition, this Court does not find any iota of worthy material placed before this Court for grant of such prayer sought for in the writ petition.

4. When the charges are duly enquired against the petitioner, the relief as prayed for, cannot be asked till the disciplinary action is concluded one way or the other. The present writ petition appears to be utterly pre-mature and cannot be entertained at all. Even otherwise, this Court does not find any valid grounds raised in the writ petition for the Court's interference in the said matters at this stage. Therefore, this writ petition lacks substance and the same is dismissed. No costs. Consequently, connected miscellaneous petitionis dismissed.

Sd/- Assistant Registrar (CS-IX) // True Copy// Sub Assistant Registrar To 1.The General Manager, Tamilnadu State Transport Corporation, Salem Division, No.12, Ramakrishna Road, Salem.

2.The Branch Manager, Mettur Depot, Tamilnadu State Transport Corporation, Salem Division, Salem District.

+1cc to Mr.T.R.Udayakumar, Advocate SR.No.45018 W.P.No.17132 of 2018 & W.M.P.No.20391 of 2018 KGK(CO) SMI/10.08.2018 https://hcservices.ecourts.gov.in/hcservices/