Madras High CourtWP(MD)/2110/2025allowed

R. Subramanian v. The Managing Director

2025-01-27Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2110 of 2025 and W.M.P.(MD)No.1487 of 2025 R.Subramanian ... Petitioner Vs The Managing Director, Tamil Nadu State Transport Corporation (Kum) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam - 612 001.

...Respondent

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Impugned Order passed by the respondent in TNSTC/Kum/ LegalCorp/136/2022 dated 20.07.2022 and quash the same and further direct the respondent to reimburse the monetary benefits to the petitioner. For Petitioner : Mr.SP.Vijaynivas For Respondent : Mr.K.Ramaiah Standing Counsel 1/4

ORDER

The instant writ petition has been filed by a Assistant Manager working in the respondent transport corporation, challenging the punishment order dated 20.07.2022.

2. A perusal of the impugned order reveals that the petitioner was issued with a charge memo on 16.06.2022. The petitioner has submitted his explanation on 02.07.2022. Without conducting any enquiry, straight away the punishment order has been issued under the impugned order dated 20.07.2022, imposing a punishment of postponement of increment for a period of three months without cumulative effect. The said order has put to challenge in the present writ petition.

3. Considering the fact that the impugned order of punishment has been imposed without conducting any enquiry, this court is inclined to set aside the order impugned in this writ petition. However, the respondent is at liberty to appoint enquiry officer and conduct enquiry and after giving due opportunity to the writ petitioner and pass orders on merits and in accordance with law. Accordingly, the impugned order in this writ petition is hereby set aside and the matter is remitted back to the file of the respondent herein. 2/4

4. With the above said observations, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. 27.01.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn To The Managing Director, Tamil Nadu State Transport Corporation (Kum) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam - 612 001.

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R.VIJAYAKUMAR , J.

gvn W.P.(MD)No.2110 of 2025 27.01.2025 4/4