P.Balamurugan v. The Chairman & Managing

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.25349 of 2004 And W.P.M.P.No.30826 of 2004 P.Balasubramaniam ... Petitioner Vs.

1.The Chairman & Managing Director, Tamil Nadu News Print & Papers Ltd., Corporate Office, Chennai - 600 015.

2.The General Manager (HRD) Tamil Nadu News Print & Papers Ltd., Kakithapuram Post, Karur District Pin : 639 136.

3.The General Manager (R&D), (Production), Tamil Nadu News Print & Papers Ltd., Kakithapuram Post, Karur District Pin : 639 136.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the Proceedings No.PER/0263/2002 dated 15.11.2002 passed by the second respondent and quash the same.

For Petitioner : No Appearance For Respondents : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co.

O R D E R

This writ petition has been filed seeking issuance of Writ of Certiorari calling for the records relating to the Proceedings No.PER/0263/2002 dated 15.11.2002 passed by the second respondent and to quash the same.

2.There is no representation for the petitioner. Heard the learned counsel appearing for the respondents. 3.The short issue involved in this writ petition is that whether the petitioner sending a letter directly to the Director (Operations) is a mis-conduct and whether it violates Clause 72.1 of the Service, Conduct, Discipline and Appeal Rules of the Company. 4.To decide the impugned order on merits, it is relevant to extract Clause 72.1 of the said Rules hereunder: "72.0 PROPER CHANNEL 72.1 An employee aggrieved or otherwise not satisfied, shall represent his case only through proper channel. Contacting higher authorities out of turn, or bringing

outside influence or canvassing or bringing pressure otherwise, is a substantial breach of discipline. Employee shall always follow the grievance redressal procedure and their grievances resolved through the Grievance Committee to be formed by the Management."

5.A perusal of the above said Clause would disclose that an employee aggrieved or otherwise not satisfied, shall represent his case only through proper channel. But in the present case on hand, the petitioner was nominated to attend the programme on Pulp Bleaching and Pulp Quality at CPPRI Auditorium, Sharanpur. The said direction was issued by the Manager - PER (HRD) by his order dated 03.10.2002. In this regard, the petitioner sent a letter to the Director (Operations) requesting for the mode of travel by air from Coimbatore to New Delhi due to a family marriage function at Trichy. Since the petitioner sent the letter directly to the Director (Operations), the said action was viewed seriously and the punishment of censure was imposed against the petitioner as if the petitioner violated Clause 72.1 of the Service, Conduct, Discipline and Appeal Rules of the Company. Against which, the present writ petition has been filed.

6.This Court is of the view that Clause 72.1 of the Service, Conduct, Discipline and Appeal Rules of the Company has nothing to do with the present case on hand since the said Rule relates to grievance of the employee that has to be ventilated through proper channel, whereas, the petitioner has made a request for mode of travel through air. Hence the application of Clause 72.1 of the said Rules does not arise in the present case.

7.The learned counsel appearing for the respondents also fairly concedes this fact.

8.Accordingly, the writ petition is allowed. No costs. Consequently, the connected miscellaneous petition is also closed. 23.08.2017 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

To 1.The Chairman & Managing Director, Tamil Nadu News Print & Papers Ltd., Corporate Office, Chennai - 600 015.

2.The General Manager (HRD) Tamil Nadu News Print & Papers Ltd., Kakithapuram Post, Karur District Pin : 639 136.

3.The General Manager (R&D), (Production), Tamil Nadu News Print & Papers Ltd., Kakithapuram Post, Karur District Pin : 639 136.

M.DHANDAPANI,J.

pri

W.P.No.25349 of 2004 And W.P.M.P.No.30826 of 2004 23.08.2017