Padmanabhan v. Transport Department

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.15652 and 15653 of 2022 Padmanabhan ... 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., New Railway Station Road, Kumbakonam.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the charge memo dated 11.04.2018 in Tha.A.Po.Ka./D10/Tha.Na.2/227/2014 and the consequential second show-cause notice dated 23.08.2022 in TNSTC/KUM/D10/T2/227/2014 issued by the second respondent and quash the same.

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For Petitioner : Mr.D.Venkatachalam For Respondents : Mr.S.Gladson Micheal Rajadurai, Standing Counsel.

ORDER

Heard the learned counsel on either side.

2.The writ petitioner questions the impugned show cause issued by the second respondent. It is well settled that at the stage of show cause notice and that too in disciplinary proceedings, the Writ Court must be slow to interfere. All the defences of the writ petitioner are left open. The petitioner is given two more weeks to offer his explanation. It is for the second respondent to consider the same and pass appropriate order on merits and in accordance with law. It is always open to the writ petitioner to move this Court again, if any adverse order is passed. I have declined to interfere because the impugned notice cannot be said to be lacking in jurisdiction.

3.Leaving open all the contentions and remedies of the writ petitioner, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

09.09.2022 Index : Yes / No Internet : Yes/ No ias 2/4

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G.R.SWAMINATHAN, J.

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