Madras High CourtWP/27688/2023dismissed

P.Mayilsamy v. Tamilnadu State Transport Corporation

2023-09-21Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and W.M.P.Nos.27161 & 27162 of 2023 P.Mayilsamy .. Petitioner

Versus

1.Tamil Nadu State Transport Corporation (Salem) Limited Represented by its Managing Director No.12, Ramakrishna Road Salem - 636 007 2.The General Manager Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road Salem - 636 007 3.The Assistant Manager (Disciplinary Authority) Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road Salem - 636 007 4.Chandra Sekaran 5.B.Kesavan .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for records pertaining to the Charge Memo dated 22.06.2023 made in proceeding bearing TNSTC/SLM/DS-3642/PMN051/D2-358/2023 by the Respondent No.2 and to quash the same.

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For Petitioner : M/s.Bhavani B.Mohan For Respondents : Mr.K.Raja for R1 to R3

ORDER

This writ petition has been filed challenging the charge memo dated 22.06.2023 issued by the second respondent and quash the same.

2. It is now settled that charge memo can be challenged when there is jurisdictional issue and the authorities have no jurisdiction to issue such charges or issued with malafide and ulterior motive. On perusal of the entire materials, no materials whatsoever placed to interfere with the charge memo issued dated 22.06.2023. Such view of the matter, as the suspension period is already over, now, the charge memo cannot be challenged. 3.Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 21.09.2023 dhk Index:Yes/No Internet: Yes/No 2/4

To 1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road Salem - 636 007 2.The General Manager Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road Salem - 636 007 3.The Assistant Manager (Disciplinary Authority) Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road Salem - 636 007 N.SATHISH KUMAR, J.

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