D.Francis Xavier v. The Tamil Nadu State Transport Corporation Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.23287 of 2022 & W.M.P.Nos.22235 & 22237 of 2022 D.Francis Xavier

...Petitioner

-Vs1. The Tamilnadu State Transport Corporation Limited (Salem), Rep. By its General Manager, Salem-7, Salem District.

2. The Branch Manager, The TamilNadu State Transport Corporation Limited, Mettur Branch, Salem District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the proceedings in Kurippanai No.158-7167-T6.Tha.A.Po.Ka-2017 dated 24.08.2017 on the file of the first respondent and quash the same. For petitioner : Mr.R.Murugabharathi For respondents : Mr.K.Raja Standing Counsel 1/4

ORDER

This writ petition has been filed challenging the order dated 24.08.2017 thereby directed to deduct a sum of Rs.61,555/-.

2. The petitioner was appointed as conductor on 18.08.2012. While being so, when he was working as conductor in the transport bus registration bearing No.TN 30 N 861 from Mettur to Erode Bus stand at that time he lost his ID Card and 39 ticket Books. Therefore, the petitioner lodged complaint on 16.03.2017 before the Inspector of Police, Erode Town Police Station. Complaint was received and issued the receipt in CSR No.89 of 2017. Subsequently, the petitioner was issued with not traceable certificate on 27.05.2017. In pursuant to which the petitioner was issued with show cause notice. On receipt of the same, the petitioner submitted his explanation. However, the first respondent passed final order thereby the lost amount to the tune of Rs.61,555/- which is assessed towards the cost of unused tickets, would recovered in Twenty installements from his monthly salary. The same was over in the year 2019 itself. The petitioner has 2/4

remitted the said amount before the Managing Director of the respondent corporation. Without even following the policy, the petitioner directly approached this Court by way of this writ petition, that too after a period of five years. Since, already recovery period is over and as such this Court cannot entertain this writ petition. That apart, interim order was granted at the time of admission of this Writ petition. The petitioner is responsible for the lost of tickets.

3. Hence, this Court cannot find any infirmity or illegality in the order passed by the first respondent dated 24.08.2017. Hence, this writ petition is devoid of merits and liable to be dismissed. Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petitions are closed. No costs.

26.03.2024 Index : Yes/No Speaking/Non-Speaking Order gvn 3/4

G.K.ILANTHIRAIYAN,J.

gvn To

1. The Tamilnadu State Transport Corporation Limited (Salem), Rep. By its General Manager, Salem-7, Salem District.

2. The Branch Manager, The TamilNadu State Transport Corporation Limited, Mettur Branch, Salem District.

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