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Madras High CourtWP/27487/2023disposed of

P.Sriramulu v. Tamil Nadu State Transport Corporation

2023-09-20Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and W.M.P.No.26924 of 2023 P.Sriramulu .. Petitioner

Versus

1.Tamil Nadu State Transport Corporation Rep by its General Manager Thiruvalluvar Salai Pallavan House, Chennai - 600 002 2.The Branch Manager Tamil Nadu State Transport Corporation Villupuram Division Cheyyar Depot, Thiruvannamalai District 3.The Commissioner of Police Office of the Commissioner of Police Elcot SEZ, Karapakkam, Sholinganallur Chennai - 600 119 4.The Inspector of Police T1 Tambaram TIW Traffic Investigation Wing Tambaram City .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records in impugned Suspension Order Ka.Cu.No.4/34826/Tn.S.T.C (V) T.Ma/2023 dated 19.08.2023 issued by the 2nd respondent and quash the same. 1/4

For Petitioner : Mr.M.Rajeswaran for M/s.Nathan and Associates For Respondents : Mr.R.Venkatesa Perumal for R1 & R2 Mr.V.P.R.Elamparithi for R3 & R4 Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the Suspension Order in Ka.Cu.No.4/34826/Tn.S.T.C (V) T.Ma/2023 dated 19.08.2023 issued by the 2nd respondent and quash the same.

2. The case of the writ petitioner is that he is the driver under the respondent Corporation and he was placed under suspension contemplating disciplinary action based on the criminal case pending against him in an accident case. This Court is of the view that the FIR has been filed under Sections 279 & 304(A) of IPC and 134(a), 134(b) & 187 of Motor Vehicles Act, 1988, the Enquiry Officer placing the petitioner under suspension is not warranted, since, the charge is not so serious except it is clearly an accident case.

3. Such view of the matter, the respondents may proceed departmentally based on available evidences even without placing the petitioner under suspension. The respondent shall revisit the petitioner's suspension within a 2/4

period of one month from the date of receipt of a copy of this Order.

4. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 20.09.2023 dhk Index:Yes/No Internet:Yes/No To 1.Tamil Nadu State Transport Corporation Rep by its General Manager Thiruvalluvar Salai Pallavan House, Chennai - 600 002 2.The Branch Manager Tamil Nadu State Transport Corporation Villupuram Division Cheyyar Depot, Thiruvannamalai District 3.The Commissioner of Police Office of the Commissioner of Police Elcot SEZ, Karapakkam, Sholinganallur Chennai - 600 119 4.The Inspector of Police T1 Tambaram TIW Traffic Investigation Wing Tambaram City 3/4

N.SATHISH KUMAR, J.

dhk W.P.No.27487 of 2023 20.09.2023 4/4