M.Sakthivel v. The General Manager,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.31996 of 2018 M.Sakthivel ....

Petitioner Vs The Managing Director Tamilnadu State Transport Corporations (Kovai-II), Limited, Erode Region No.37, Mettupalayam Road Coimbatore District -641 043.

....

Respondents For Petitioner :

M/s.R.Y.George Williams For Respondents :

Ms.R.S.Selvam, Government Advocate Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondent to consider and dispose appeal submitted by the petitioner dated 05.03.2017 within a time frame.

O R D E R

The petitioner is a driver in the respondent Corporation. While he was on duty on 29.12.2017, checking inspectors entered and checked the bus, and they recovered 111 liquor bottles in the bus driven by the petitioner. A charge memo was issued and not satisfied with the explanation given by the petitioner, a suspension order was issued based on the enquiry report, the management reduced the pay scale and gave time to appeal against the order. Accordingly, the petitioner preferred an appeal before the respondent, which has not been considered till date. Therefore, the petitioner has preferred the present writ petition to direct the respondent to consider and dispose of the appeal filed by him on 05.03.2018.

2. Mr.R.S.Selvam, learned Government Advocate takes notice on behalf of the respondent. Heard the learned counsel on either side and perused the materials placed on record.

3. In view of the limited nature of the prayer, this Court is of the view that it is not necessary to dwell into the merits of the issue, but it would be suffice to direct the respondent to consider and dispose of the appeal filed by the petitioner and pass orders on the same within a particular time frame.

4. In the above circumstances, this writ petition is disposed of directing the respondent to consider the appeal filed by the petitioner dated 05.03.2017 and pass orders thereon, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KST To The Managing Director Tamilnadu State Transport Corporations (Kovai-II), Limited, Erode Region No.37, Mettupalayam Road Coimbatore District -641 043.

+1cc to Mr.R.S.Selvam, Advocate, S.R.No. 83206 +1cc to Mr.R.Y.George Williams, Advocate, S.R.No. 83063 W.P.No.31996 of 2018 VD(CO) GN(26/12/2018)