N.Boopathy v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH N.Boopathy

...Petitioner

Vs

1. The Managing Director Tamil Nadu State Transport Corporation Ltd., Salem Division Salem - 636 007

2. The General Manager Tamil Nadu State Transport Corporation Ltd., Salem Division Salem - 636 007

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider and pass orders on the Statutory Appeal dated 07.05.2018 preferred by the petitioner and further forbearing the 2nd respondent from deducting the amount from the salary in view of order dated 04.04.2018 passed by the 2nd respondent in Memo No.562-21704-T5-TNSTC-2016 till the disposal of appeal.

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For Petitioner : Mr.G.Pugazhenthi For Respondents : Mr.K.Raja Standing Counsel

ORDER

With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The limited prayer sought for in this Writ Petition is for a direction to the first respondent herein to dispose of the appeal preferred by the petitioner dated 07.05.2018 within a stipulated time.

3. It is needless to point out that whenever a statutory appeal is preferred before the Appellate Authority, there is a duty cast on him to dispose of the appeal expeditiously. Non-compliance of such a responsibility would amount to dereliction of duties and this Court would be justified in directing the authority to dispose of the appeal within a stipulated time, in exercise of its powers under Article 226 of the Constitution of India.

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4. In the light of the above observations, there shall be a direction to the first respondent herein to dispose of the petitioner's appeal petition dated 07.05.2018 if not already disposed of, after giving due opportunity to the petitioner, on its own merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

27.11.2023 Index:Yes/No Speaking order/Non-speaking order gpa To

1. The Managing Director Tamil Nadu State Transport Corporation Ltd., Salem Division Salem - 636 007

2. The General Manager Tamil Nadu State Transport Corporation Ltd., Salem Division Salem - 636 007 3/4

M.S.RAMESH,J.

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