S.Ashokan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and WMP Nos.24741, 24742 and 24743 of 2023 S.Ashokan
...Petitioner
-Vs1. The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem-636 007.
2. The Managing Director, Tamil Nadu State Transport Corporation Limited, Dharapuri Division, Dharmapuri.
3. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited Dharmapuri Division, Dharmapuri.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned Charge Memo issued by the 3rd respondent in No.149/1427/D3 TNSTC/2023 dated 20.07.2023 and quash the same, consequently direct the respondents to grant voluntary retirement as per representation dated 24.05.2023 submitted in proper form on 13.06.2023.
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For Petitioner : Mr.V.Karthikeyan For Respondents : Mr.P.Muthukumar State Govt.Pleader Assisted by Mr.K.Raja
ORDER
Heard Mr.V.Karthikeyan, learned counsel for the petitioner and Mr.P.Mutukumar, learned State Government Pleader, assisted by Mr.K.Raja, learned counsel for the respondents.
2. The present order under challenge is a Show Cause Notice dated 24.05.2023 calling upon the petitioner as to why disciplinary proceedings should not be initiated against him for his unauthorised absence from 24.05.2023.
3. Today when the matter was called, learned counsel for the petitioner submits that after the notice, an Enquiry Officer was appointed and enquiry is pending.
4. The only ground raised by the petitioner is that he made an application seeking to treat his period of absence from 24.05.2023 as Medical Leave. The 2/4
receipt of the said letter is denied by the respondents.
5. I am not able to comprehend as to how a leave letter can be sent to the Secretary of the Transport Department when the petitioner herein is engaged as a Conductor under the second respondent Transport Corporation. Such a letter, even assuming, has been sent to first respondent herein, does not deserve for consideration. Now that, the respondents have already acted upon the show cause notice and initiated enquiry, the prayer, seeking to quash the show cause notice, after these developments, does not deserve for consideration.
6. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 23.11.2023 Index:Yes/No Internet:Yes/No sr 3/4
M.S.RAMESH,J., sr To
1. The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem-636 007.
2. The Managing Director, Tamil Nadu State Transport Corporation Limited, Dharapuri Division, Dharmapuri.
3. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited Dharmapuri Division, Dharmapuri.
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