← Library
Madras High CourtWP/35441/2019disposed of

A.Santhiyakappar v. The Managing Director

2020-01-02Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.35441 of 2019 A.Santhiyakappar Petitioner vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishnan Salai, Salem - 636 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishnan Salai, Salem - 636 007.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to consider and dispose of the Appeal dated 10.01.2013 preferred by the petitioner within a stipulated time. For Petitioner : Mr.A.Nagarathinam For Respondents: Mr.D.Raghu Standing Counsel

O R D E R

This writ petition has been filed for issuance of writ of mandamus directing the 1st respondent to dispose of the appeal that was preferred by the petitioner on 10.01.2013 within a time frame fixed by this Court.

2.The case of the petitioner is that he was working as Driver in the respondent Corporation and a charge memo came to be issued against him on 15.11.2011. The petitioner had given his explanation and an enquiry was conducted and on receipt of enquiry report, further explanation has given by the petitioner. The 2nd respondent awarded a punishment of stoppage of increment for five years with cumulative effect by an order dated 03.09.2012. Aggrieved by the same, the petitioner has filed an appeal before the 1st respondent on 10.01.2013. Since the appeal was not taken up for consideration, the petitioner gave a representation to the 1st respondent on 25.08.2018. Since there was no response for the representation and since appeal has not https://hcservices.ecourts.gov.in/hcservices/

been disposed of till date, the present writ petition has been filed before this Court seeking for appropriate directions. 3.Heard Mr.A.Nagarathinam, learned counsel appearing on behalf of the petitioner and Mr.D.Raghu, learned Standing Counsel appearing on behalf of the respondents. 4.Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to dispose of the appeal filed by the petitioner on 10.01.2013 in accordance with law within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to give a fresh representation to the 1st respondent along with the copy of the appeal filed on 10.01.2013 and also a copy of this order.

5.This writ petition is disposed of with the above directions. No Costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar ssr To

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishnan Salai, Salem - 636 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishnan Salai, Salem - 636 007.

3. The Public Prosecutor, High Court, Madras.

+1 CC to M/s.D. Raghu, Advocate sr 89.

+1 CC to Mr.A.Nagarathinam, Advocate sr 107.

W.P No.35441 of 2019 SP(20/02/2020) https://hcservices.ecourts.gov.in/hcservices/