V.Malaichamy, S/O. Valathan v. The Management Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3663 of 2018 and W.M.P.(MD)Nos.3785 and 3786 of 2018 V.Malaichamy ... Petitioner Vs.

The Management of Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Pudukkottai Region, Represented by its General Manager, Pillaithaneerpanthal, Pudukkottai. ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari Mandamus, calling for the records pertaining to the impugned order passed by the respondent in Ref.No.Tha.Aa.Po.Ka/TS/D3/1056/15, dated 16.12.2017, quash the same.

For Petitioner :Mr.A.Rahul For Respondent : Mr.D.Sivaraman Standing Counsel

ORDER

Mr.D.Sivaraman, learned Standing Counsel, takes notice for the respondent.

2.By consent of both parties, the main writ petition is taken up for final disposal at the stage of admission itself. 3.The petitioner is working as a driver in the respondent Corporation. The respondent has imposed the impugned punishment of stoppage of increment for a period of one year with cumulative effect by order dated 16.12.2017.

4.The learned counsel appearing for the petitioner submitted that such an order could not have been passed without holding an enquiry.

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5.Per contra, the learned Standing Counsel appearing for the respondent would submit that holding an enquiry is not contemplated in terms of the standing orders. The issue on hand is governed by an earlier order dated 18.01.2018 passed by this Court in W.P.(MD)No.17463 of 2014. In the present case also, the respondent has passed the impugned order without even considering the petitioner's explanation. Therefore, the order impugned in the writ petition stands quashed. However, liberty is given to the respondent to proceed further in accordance with law. This Court held that in cases where the punishment of stoppage of increment with cumulative effect is passed, holding of enquiry is necessary.

6.This Writ Petition is allowed accordingly. No costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(RTII) /True Copy/ Sub Assistant Registrar sss/rmi TO +1 CC TO Mr. D.Sivaraman , Advocate, Sr.No. 50519 +1 CC TO Mr. A.Rahul , Advocate, Sr.No. 50397 JAM/31/05/2018/ JC/ SAR 3/ 2P-3C W.P.(MD)No.3663 of 2018 and W.M.P.(MD)Nos.3785 and 3786 of 2018 22.02.2018 https://hcservices.ecourts.gov.in/hcservices/