Madras High CourtWP(MD)/19217/2024disposed of

M.Sankar v. The Managing Director

2025-12-16Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.19217 of 2024 M.Sankar ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Station Road, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari to call for the records relating to the order passed by the first respondent herein in Ref.No.TNSTC/D12 /jpJg+/ 008/2020 dated 02.03.2022 and the order passed by the second respondent in his proceedings No.TNSTC/D12/jpJg+/008/2020 dated 30.11.2020 and to quash the same.

For Petitioner : Mr.D.Siva Raman For Respondents : Mr.S.C.Herold Singh

O R D E R

The petitioner, who is working as Driver in the respondent Transport Corporation, met with an accident and caused damage to the transport Corporation. Therefore, disciplinary proceedings was initiated against him. The second respondent, vide order dated 30.11.2020, imposed punishment of stoppage of increment for a period of one year with cumulative effect, on him. Challenging the same, the petitioner has preferred an appeal before the first respondent and the same was also rejected. Aggrieved over the same, the petitioner has filed the present writ petition.

2. Insofar as the relief sought by the petitioner in this writ petition is concerned, an effective alternative remedy is available to the petitioner before the Labour Court. However, the learned counsel for the petitioner confined his relief to a remand of this matter for fresh consideration taking into account the acquittal order passed by the learned Judicial Magistrate, Thiruvidaimaruthur, in C.C.No.9 of 2021, dated 04.03.2021 and Clause 61 of the 12(3) Settlement, dated 13.09.1992.

3. Considering the limited scope of the prayer sought for by the petitioner, this Writ Petition is disposed of with a direction to the second

respondent Transport Corporation to consider the case of the petitioner afresh as per Clause 61 of the 12(3) Settlement, dated 13.09.2022, and the judgment rendered by the learned Judicial Magistrate, Thiruvidaimaruthur, in C.C.No.9 of 2021, dated 04.03.2021 and pass order. No costs. 16.12.2025 NCC : Yes/No Index :Yes/No Rmk To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Station Road, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.

B.PUGALENDHI,J.

Rmk WP(MD)No.19217 of 2024 16.12.2025