K.Sivaraj v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.9877 of 2024 K.Sivaraju ... Petitioner Vs.

1.The Managing Director The Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai-16.

2.The General Manager The Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul-4.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for 1/6

the records connected with the Impugned Order passed by the 2nd respondent in Parvai: LD4VD/1121 dated 28.09.2023 and quash the same and consequently direct the respondents to drop the punishment of Reduction of 2 years increment cut with cumulative effect and to re-credit 30 days leave in petitioners leave account (Suspension period from 31.08.202 to 29.09.2022) and to settle the arrears of pay and allowances consequent to the reduction of increment cut for 2 years with cumulative effect. For Petitioner : Mr.S.Govindan For Respondents : Mr.Ramachandra Pradeep

ORDER

The petitioner has filed this Writ Petition seeking a Writ of Certiorarified Mandamus to call for the records connected with the Impugned Order passed by the 2nd respondent in Parvai: LD4VD/1121 dated 28.09.2023 and quash the same and consequently direct the respondents to drop the punishment of Reduction of 2 years increment cut with cumulative effect and to re2/6

credit 30 days leave in petitioners leave account (Suspension period from 31.08.202 to 29.09.2022) and to settle the arrears of pay and allowances consequent to the reduction of increment cut for 2 years with cumulative effect.

2. Heard Mr.S.Govindan, learned counsel for the petitioner and Mr.Ramachandra Pradeep, learned counsel for the respondents.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4. Virtually the petitioner has approached this Court by considering this Court as an Appellate Authority against the order passed by the Disciplinary Authority. Despite the petitioner is aware of the avenues open to him for making an appeal before the Appellate Authority, the petitioner has filed this Writ petition. 3/6

5. However, the learned counsel for the petitioner submitted that the petitioner has already filed an appeal before the first respondent, but so far no order has been passed.

6. In such case, it can only be ordered that the first respondent shall complete the appeal proceedings filed by the petitioner and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.

7. In view of the above, this Writ Petition is disposed of with a direction to the first respondent to complete the appeal filed by the petitioner and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. 23.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6

To 1.The Managing Director The Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai-16.

2.The General Manager The Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul-4.

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R.N.MANJULA , J.

RM Order made in W.P.(MD)No.9877 of 2024 23.04.2024 6/6