Madras High CourtWP(MD)/1910/2025allowed

M. Paramasivam v. The General Manager

2025-01-23Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD).No.1910 of 2025 and W.M.P.(MD).Nos.1366 & 1369 of 2025 M.Paramasivam ... Petitioner -vsThe General Manager, TamilNadu State Transport Corporation Ltd., Karaikudi Zone, Karaikudi, Sivagangai District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the entire relevant records related to the impugned order passed by the respondent against the petitioner, vide: TNSTC/KKD/DS-9456/PNP040/D4-502/2024 dated 10.12.2024, consequently set aside the same as illegal.

For Petitioner : Mr.R.Senthilkumar For Respondents : Mr.K.Ramaiah Standing Counsel 1/4

O R D E R

The instant writ petition has been filed by a Driver of the respondent transport corporation, challenging the order of punishment imposed upon him by way of proceedings of the respondent dated 10.12.2024.

2. A perusal of the impugned order reveals that the petitioner was issued with a charge memo on 02.08.2024, and the petitioner submitted his explanation on 19.10.2024. Without conducting any enquiry, the respondent has issued a show cause notice to the writ petitioner on 05.11.2024, and the present impugned order for imposing punishment of postponement of increment for a period of three months without cumulative effect has been passed.

3. According to the learned Counsel appearing for the writ petitioner, without conducting any enquiry, such punishment cannot be imposed against the petitioner.

4. Heard both side and perused the materials available on record. 2/4

5. Considering the fact that the punishment order has been passed without conducting any enquiry, the order impugned in this writ petition is set aside and the matter is remitted back to the file of the respondent herein. The respondent is at liberty to appoint an enquiry officer and conduct enquiry and thereafter pass appropriate orders on merits and in accordance with law.

6. With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 23.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn To The General Manager, TamilNadu State Transport Corporation Ltd., Karaikudi Zone, Karaikudi, Sivagangai District.

3/4

R.VIJAYAKUMAR,J.

gvn W.P(MD)No.1910 of 2025 23.01.2025 4/4