Kamaraj. M v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.16585 of 2023 and W.M.P(MD)No.13868 of 2023 M.Kamaraj ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam - 612 001.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Maruthupathi, Managiri, Karaikudi, Sivagangai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the impugned charge memo issued by the second respondent in TNSTC/KKD/DS-5494/FAT01/D4-177/2023 dated 21.04.2023 and quash the same as illegal.
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For Petitioner : Mr.P.Vijay Nivas For Respondents : Mr.K.Jagadees Balan
ORDER
The present Writ Petition has been filed for issuance of a Writ of Certiorari, to quash the impugned charge memo issued by the second respondent, dated 21.04.2023.
2.Heard Mr.P.Vijay Nivas, learned counsel appearing for the petitioner and Mr.K.Jagadees Balan, learned counsel appearing for the respondents and perused the materials available on record. 3.The petitioner is working as a Driver in the respondent Corporation at Thirupathur Branch for the past 17 years. On 18.09.2022, when he was driving the Corporation bus bearing Registration No.TN-63-N-1490 near Thirupathur, Pommari Division, one two-wheeler dashed on the rear side of the lorry which was followed by the bus plied by the petitioner. An F.I.R. came to be registered as against the petitioner, though the motor vehicle report 2/6
revealed that there was no damage to the bus driven by the petitioner. For the said incident, the petitioner was issued with a charge-memo on 05.10.2020 and the Management suspended the petitioner on 18.09.2022. In the meanwhile, a domestic enquiry was conducted by the Management and pending domestic enquiry, he was issued with a punishment of recovery of Rs.100/- from the petitioner's salary by order dated 23.12.2020, which came to be passed for causing damage to the bus which he plied to the tune of Rs.100/- and the said order was implemented. Thereafter, another final order dated 15.09.2021 was passed for the injuries sustained by the pillion rider of the twowheeler which dashed against the lorry followed by the bus plied by the petitioner.
4.A punishment of postponement of increment for six months with cumulative effect came to be passed vide final order dated 15.09.2021. Challenging the same, the petitioner preferred an appeal under Section 2(K) of the Industrial Disputes Act before the Labour Court and the same is pending. During the pendency of the same, on 10.04.2023, by means of a cryptic order without any elaborate discussion or reasoning, the second respondent cancelled the final order, dated 15.09.2021, which was subsequently challenged by 3/6
the petitioner before the Labour Court. Following which on 21.04.2023, the impugned charge memo has been issued by the second respondent Corporation for the same incident, elaborating that the pillion rider involved in the said accident has died.
5.The petitioner has already suffered two punishments for the same incident on 18.09.2022 and one of the final orders dated 23.12.2020 has already been implemented and the final order dated 15.09.2021 is under challenge before the Labour Court concerned. The conduct of the second respondent in issuing a fresh charge-memo cancelling the final order which is challenged before the Labour Court is per se illegal. Hence, the impugned charge memo dated 21.04.2023 issued by the second respondent is hereby quashed as illegal and this Court consequently directs the second respondent Corporation to re-call the cancellation order dated 10.04.2023 by which the final order dated 15.09.2021 was cancelled.
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6.Accordingly, the Writ Petition is allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
16.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam - 612 001.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Maruthupathi, Managiri, Karaikudi, Sivagangai District.
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L.VICTORIA GOWRI, J.
ps W.P.(MD)No.16585 of 2023 16.08.2023 6/6