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Madras High CourtWP(MD)/4872/2021closed

Aruldurai.M v. The General Manager

2021-03-05Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.4872 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.4872 of 2021 and W.M.P(MD) Nos.3955, 3957 and 3958 of 2021 M.Aruldurai

...Petitioner

Vs.

The General Manager, Tamilnadu State Transport Corporation, (Tiruneveli) Ltd., Ranithottam, Nagercoil, Kanyakumari District.

... Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the respondent herein in his proceedings in Ref. No.3756/Legal-3/Discipline/TNST/2015 dated 30.01.2021 (imposing punishment of reducing the five year pay raise to one year with cumulative effect) and quash the same as illegal and further direct the respondent herein to pass any order in accordance with the domestic enquiry report submitted by the disciplinary authority.

For Petitioner : Mr.S.Vashik Ali For Respondent : Mr.R.Rajamohan Standing Counsel

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Pursuant to the disciplinary action, on 30.01.2021, the respondent herein had passed the impugned order proposing to impose the punishment and thereby, called the petitioner herein to render his explanation. Consequently, the petitioner had given his objections through his representations dated 16.02.2021 and 24.02.2021. After having given his representations, the present writ petition has been filed.

3.Today, when the matter was taken up for admission, the learned Standing Counsel for the respondent submitted that the petitioner's representations dated 16.02.2021 and 24.02.2021 have been considered by the respondent on 02.03.2021 and the final orders have been passed imposing a punishment. It is stated that the copy of the punishment order has also been despatched to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.4872 of 2021 4.While that being so, the prayer sought for in the present writ petition has become infructuous. Nevertheless, if any case, the petitioner intends to challenge the punishment order dated 02.03.2021 by way of an appeal, it is always open to him to do so, in accordance with law.

5.Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

+1 CC to M/s.R.MURUGAN, Advocate ( SR-9083[F] dated 05/03/2021 ) +1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-9260[F] dated 05/03/2021 ) W.P.(MD) No.4872 of 2021 05.03.2021 VR(CO) KB(22.03.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2