Murugesan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.1989 of 2023 and Crl OP(MD)No.618 of 2023 and WMP(MD)No.1751 of 2023 and CrlMP(MD)No.547 of 2023 Murugesan

...Petitioner

Vs 1.The Managing Director, Tamil Nadu State Transport Corporation Madurai Ltd, (TNSTC - MDU), Head Office By-pass road, Madurai.

2.The General Manager, Dindigul Region, Tamil Nadu State Transport Corporation Madurai Ltd, (TNSTC - MDU), Head Office By-pass road, Dindigul.

3.The Branch Manager, Tamil Nadu State Transport Corporation Madurai Ltd, (TNSTC - MDU), Lower Camp Branch (Kumuli), Theni District.

4.The Enquiry Officer, Tamil Nadu State Transport Corporation Madurai Ltd, (TNSTC - MDU), Bypass Road, Dindigul.

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the entire records pertaining to the impugned charge memo in reference No.LD2KY/759 dated 17.12.2022 issued by the 2nd respondent as well as the impugned proceedings in reference No.LD2KY/759 dated 19.01.2023 issued by the 4th respondent and quash both impugned orders as illegal and consequentially direct the 2nd respondent to reinstate the petitioner in service from 15.12.2022 with all the monetary benefits. For Petitioner : Mr.Vishnuvarthanan.PM.

For Respondents : Mr.SC.Herold Singh in CrlOP(MD)No.618 of 2023 S.Murugesan ... Petitioner Vs.

1.The Inspector of Police, Kukuli Police Station, Theni District. [Crime No.83 of 2022] 2.Ramesh, The Branch Manager, Tamil Nadu Transport Corporation Madurai, Dindigul Mandalam, Lower Camp Branch, Theni District.

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned FIR in crime No.83 of 2022 pending on the file of the 2/6

1st respondent police and to quash the same as against this petitioner concerned.

For Petitioner : No representation For R1 : Mr.Abul Kalaam Azad, Government Advocate (Crl Side) For R2 : Mr.SC.Herold Singh

ORDER

The petitioner is a Driver of the respondent transport corporation. On frustration he is said to have committed an offence, for which a criminal case has been registered by the respondent police and a charge memo has also been issued to him by the management. 2.The petitioner has filed these petitions to quash the charge memo dated 17.12.2022, the enquiry notice dated 19.01.2023 and the first information report registered as against him in Crime No.83 of 2022 on the file of the respondent police respectively. 3.Pursuant to the orders of this court, both these writ petition and criminal original petition are tagged together. 3/6

4.When these petitions are taken up for hearing it is reported that the disciplinary proceedings initiated as against the petitioner by the management was concluded and he was imposed with a punishment. However, the application filed under Section 33(2)(B) of the Industrial Disputes Act, seeking approval of the order, was rejected and it was challenged before this court. This court has remitted back the matter for fresh consideration.

5.The learned Government Advocate (Crl Side) on instructions submits that after conducting investigation in Crime No.83 of 2022 a final report is filed.

6.Recording the above submission, these petitions are closed. The petitioner is at liberty to raise all the grounds before the appropriate forum. No costs. Consequently connected miscellaneous petitions are closed.

02.12.2025 DSK 4/6

To 1.The Managing Director, Tamil Nadu State Transport Corporation Madurai Ltd, (TNSTC - MDU), Head Office By-pass road, Madurai.

2.The General Manager, Dindigul Region, Tamil Nadu State Transport Corporation Madurai Ltd, (TNSTC - MDU), Head Office By-pass road, Dindigul.

3.The Branch Manager, Tamil Nadu State Transport Corporation Madurai Ltd, (TNSTC - MDU), Lower Camp Branch (Kumuli), Theni District.

4.The Enquiry Officer, Tamil Nadu State Transport Corporation Madurai Ltd, (TNSTC - MDU), Bypass Road, Dindigul.

5.The Inspector of Police, Kukuli Police Station, Theni District.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI.J., DSK WP(MD)No.1989 of 2023 and Crl OP(MD)No.618 of 2023 02.12.2025 6/6