Meenakshi Sundaram.T(Junior Engineer) v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2021

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and W.M.P(MD)No.16325 of 2021 T.Meenakshi Sundaram (Junior Engineer) 87 TH 2053/1775, Dheeran Nagar Branch, Tamil Nadu State Transport Corporation, Trichy.

... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam Limited), Peria Milagu Parai, Trichy Region, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam Limited), Trichy Region, Trichy.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to consider the appeal representation dated 05.11.2019 made by the petitioner against the punishment order passed by the 2nd Respondent dated 20.08.2019 in Proceedings No. TNSTC/KUM/TRY/D8/6299/2018 on the file of the 1st respondent and setaside the Punishment Order.

For Petitioner : Mr.Sadasharam For Respondents : Mr.D.Sivaraman, Standing Counsel for State.

ORDER

The writ petition has been filed for the issue of a Writ of Mandamus, directing the first respondent to consider the appeal representation dated 05.11.2019 made by the petitioner against the punishment order passed by the second respondent dated 20.08.2019 in Proceedings No. TNSTC/KUM/TRY/D8/6299/2018 on the file of the first respondent and set aside the Punishment Order. 1/3

2. According to the petitioner, he is working as a Junior Engineer in the second respondent Corporation and charges have been framed by the second respondent under Rule 28 (H) and 28 (I) R/W 28 (AZ) of the Tamil Nadu State Transport Corporation General Service Rules. The aforesaid charges were framed against the petitioner for using abusive words against the Assistant Engineer and Deputy Manger on 28.08.2018 and also for causing distress and mental agony to the Assistant Engineer. Thereafter, the second respondent has passed the punishment order dated 20.08.2019. The said final order has been passed by the second respondent on the charges framed against the petitioner for the violation of Rule 28 (H) and 28 (I) R/W 28 (AZ) of the Tamil Nadu State Transport Corporation General Service Rules, causing distress and mental agony to the petitioner.

3. Challenging the aforesaid final order passed, writ petitioner has preferred an appeal before the first respondent on 05.11.2019 and the said appeal is still pending. Therefore he seeks disposal of the appeal at the earliest.

4. The learned Standing Counsel for the respondents submitted that the aforesaid appeal will be considered and appropriate decision will be taken on its own merits and in accordance with law.

5. In view of the aforesaid submissions made by the parties concerned, this Court is inclined to direct the first respondent to consider the petitioner's appeal petition dated 05.11.2019 and pass final orders in the appeal on its own merits and in accordance with law as expeditiously as possible, preferably within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. The writ petition stands disposed of, with the above directions. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

2/3

To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam Limited), Peria Milagu Parai, Trichy Region, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam Limited), Trichy Region, Trichy.

+1 CC to M/s.S.SADASHARAM, Advocate (SR-33486[F] dated 01/11/2021) +1 CC to M/s.D.SIVARAMAN, Advocate (SR-33572[F] dated 02/11/2021) and W.M.P(MD)No.16325 of 2021 01.11.2021 SS(CO) GC/SKN(18.11.2021) 3P 5C 3/3