M.Chinnadurai, Driver Cum v. The State Express Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2015

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.12446 of 2015 M.Chinnadurai ...

Petitioner Vs.

1. The State Express Transport Corporation (Tamil Nadu) ltd., Rep.by its Managing Director, Pallavan Salai, Chennai - 2.

2.The General Manager, The State Express Transport Corporation (Tamil Nadu) ltd., Pallavan Salai, Chennai - 2.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent in order No.32994/TL 1/Aa.Vi.Po.Ka/2013, dated 22.12.2014 in imposing the punishment of increment cut for a period of one year with cumulative effect on the petitioner and further imposing recovery of Rs.1,000/- from him towards the cost of damage, quash the same and consequently, direct the respondents to refund the amount already recovered from his salary towards the above punishment.

For Petitioner : Mr.A.Rahul For Respondents : Mr.Sathya Singh

ORDER

The Writ petition has been filed to issue a Writ of Certiorarified Mandamus, calling for the records, pertaining to the impugned order passed by the 2nd respondent in order No.32994/TL1/Aa.Vi.Po.Ka/2013, dated 22.12.2014 in imposing the punishment of increment cut for a period of one year with cumulative effect on the petitioner and further imposing recovery of Rs.1,000/- from him towards the cost of damages, quash the same and consequently, direct the respondents to refund the amount already recovered from his salary towards the above punishment. 2.The case of the petitioner is that he is working as Driver cum Conductor in State Express Transport Corporation Ltd., Thoothukudi Branch. On 28.07.2014, the petitioner was placed under suspension for 5 days, regarding an accident involving the bus, which was driven by him. The petitioner was issued with a charge memo on 02.09.2014 and explanation dated 30.09.2014 has been submitted. On 02.08.2014 the suspension order has been revoked and the petitioner joined duty on 02.08.2014. However, in https://hcservices.ecourts.gov.in/hcservices/

the attendance register, it has been marked that the petitioner is absent from 02.08.2014 for a period of 9 days even though, he worked during the said period. By the impugned order, dated 22.12.2014, the 2nd respondent imposed the punishment of increment cut for a period of 1 years with cumulative effect and imposed recovery of Rs.1,000/- from the salary of the petitioner towards cost of damages.

3.The learned counsel for the petitioner submitted that in similar circumstances, this Court by order dated 27.04.2015 in W.P.(MD)No.5087 of 2015 has set aside the order and remanded the matter back to the authority to decide the issue afresh and there is no appeal filed by the petitioner therein. In the present case, the petitioner has filed an appeal before the 1st respondent on 02.02.2015.

4.Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondents. 5.In view of the above, the 1st respondent / Appellate Authority shall consider the appeal dated 02.02.2015 and pass appropriate orders in the light of the order dated 27.04.2015 in W.P.(MD)No.5087 of 2015 passed by this Court, if applicable, either remitting the matter back to the 2nd respondent or pass orders in accordance with law within a period of two months from the date of receipt of a copy of this order.

6.The Writ petition is disposed of. No costs. Sd/- Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar To 1.The Managing Director, The State Express Transport Corporation (Tamil Nadu) ltd., Pallavan Salai, Chennai - 2.

2.The General Manager, The State Express Transport Corporation (Tamil Nadu) ltd., Pallavan Salai, Chennai - 2.

+1 CC TO MR.A.RAHUL, ADVOCATE, SR NO:40102 +1 CC TO MR.K.SATHIYA SINGH, ADVOCATE SR NO:39782 nbj JAM/18.8.15/2P-5C W.P.(MD)No.12446 of 2015 21.07.2015 https://hcservices.ecourts.gov.in/hcservices/