Madras High CourtWP(MD)/12315/2018disposed of

N.Udhaya Kumar, v. The General Manager

2019-04-04Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.12315 of 2018 N.Udayakumar ... Petitioner Vs The General Manager Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Bye pass Road, Dindigul.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus Mandamus directing the respondent to return the recovered amount of Rs.48,600/- to the petitioner as early as possible within the time stipulated by this Court.

For Petitioner : Mr.G.M.Xavier For Respondent : Mr.A.Jayaram

ORDER

This writ petition has been filed seeking a direction to the respondent to return the recovered amount of Rs.48,600/- to the petitioner as early as possible.

2.Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent.

3.The case of the petitioner is that he is working as a Senior Grade Conductor in the respondent Corporation. He was issued with the charge memo dated 11.10.2011 on the ground of missing of unused spare ticket bundles and based on the direction given therein, a sum of Rs.48,600/- was recovered from the petitioner. Thereafter, the missing unused spare ticket bundles were found and handed over to the respondent. Hence, the petitioner made a representation dated 07.07.2012 to the respondent seeking to return the recovered amount of Rs.48,600/- to the petitioner. Since the same has not been considered so far, this writ petition has been filed.

4.The learned Standing Counsel appearing for the respondent submitted that the petitioner's representation is of the year 2012 and therefore, the petitioner may be directed to give a fresh representation to the respondent. On filing of such https://hcservices.ecourts.gov.in/hcservices/

representation, the same will be considered on merits by the respondent.

5.In view of the same, the petitioner is directed to submit a fresh representation, enclosing the earlier representation along with a copy of this order to the respondent within a period of two weeks from the date of receipt of a copy of this order. On filing of such representation, the same shall be considered by the respondent and necessary orders be passed thereon on merits and in accordance with law, within a period of four weeks thereafter, after affording an opportunity of hearing to the petitioner.

6.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (W) // True Copy // Sub Assistant Registrar(CS) To The General Manager Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Bye pass Road, Dindigul.

+1 CC to M/s.G.M.XAVIER, Advocate ( SR-58799[F] dated 04/04/2019 ) MJ W.P.(MD)No.12315 of 2018 04.04.2019 KM/(07.05.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/