The Management, v. The Special Deputy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No. 11264 of 2016 and W.M.P. (MD). Nos. 8622 & 14448 of 2016 The Management, Tamil Nadu State Transport Corporation, (Madurai) Limited, Bye Pass Road, Collectorate Post, Dindigul - 624 004.

.. Petitioner Vs.

1.The Special Deputy Commissioner of Labour, Chennai - 600 006.

2.P.Kuppusamy .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for records of the first respondent in his proceeding in A.P.No.307 of 2012 dated 30.03.2015 and quash the same.

For petitioner : Mr. A.Jeyaram For R.1 : Mrs.S.Srimathy Special Government Pleader For R.2 : Mr. A.Rahul

O R D E R

*********** Heard the learned counsel on either side.

2. The second respondent was employed as a Reserve Driver in the petitioner/Transport Corporation. The bus which he was driving got involved in an accident on 23.11.2010. It was a fatal accident. Therefore, the petitioner was issued with charge memo dated 11.01.2012. Finally by order dated 22.12.2012, he was dismissed from service. To secure approval, Approval Petition No.307 of 2012 was filed before the first respondent. The first respondent by impugned order dated 30.03.2015, declined to grant approval. The https://hcservices.ecourts.gov.in/hcservices/

same is assailed in this writ petition.

3. When the matter was taken up for the disposal, the learned Counsel appearing for the second respondent submitted that the second respondent was acquitted in C.C.No.22 of 2011 on the file of the Judicial Magistrate, Oddanchathram dated 21.05.2014. It was also pointed out that the petitioner/Management took a stand in the claim proceedings that the second respondent herein was not at fault. This subsequent development can certainly be taken note of by this Court. In the order impugned in this writ petition, the first respondent has given a specific finding that there was no prima facie case made out against the second respondent herein. This Court is of the view that this finding is not fit for interference in exercise of jurisdiction under Article 226 of the Constitution of India. There is no merit in the writ petition.

4. This writ petition stands dismissed.

No costs.

Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To:

The Special Deputy Commissioner of Labour, Chennai - 600 006.

+ 1 CC TO Mr.A.RAHUL, ADVOCATE IN SR No. 47927 KMI TE/KKR/SAR-3 : 04/05/2018 : 2P/3C ORDER MADE IN W.P.(MD)No. 11264 of 2016 12.02.2018 https://hcservices.ecourts.gov.in/hcservices/