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Madras High CourtWP(MD)/20701/2023disposed of

S.Kandasamy v. The Managing Director

2023-12-05Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR S.Kandasamy

...Petitioner

Vs.

1.The Managing Director, State Transport Corporation Ltd., Bypass Road, Madurai, Madurai District - 625 016.

2.The General Manager, State Transport Corporation Ltd., Virudhunagar, Virudhunagar District - 626 001.

3.The Assistant Manager (Law), State Transport Corporation Ltd., Virudhunagar, Virudhunagar District - 626 001.

4.The Branch Manager, State Transport Corporation Ltd., Sattur Branch, Sattur - 626 203, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents 2 to 4 to 1/6

permit the petitioner to resume duty in the post of Driver in pursuance to the order of revocation of suspension dated 20.06.2023 on the file of the Respondent No.3 with all service and monetary benefits with interest from with effect from 20.06.2023 within the time stipulated by this Court.

For Petitioner : Mr.S.Louis For Respondents : Mr.S.C.Herold Singh, Standing Counsel

O R D E R

The present writ petition has been filed by a Driver of the respondent Corporation seeking a mandamus to permit him to resume duty.

2. The petitioner herein was suspended on 29.04.2023 for causing an accident. Thereafter, the Transport Corporation has directed the petitioner to submit the Driving Licence before the RTO officials and Police Officials for verification. Since the petitioner has not chosen to submit the said documents, he was placed under suspension. Thereafter, the suspension was revoked on 20.06.2023. However, the grievance of the writ petitioner is that despite revocation of suspension, he was not permitted to resume duty. 2/6

3. The learned counsel appearing for the respondents / Transport Corporation pointed out that the Driving Licence of the writ petitioner ought to be verified by the RTO officials and Police officials before the writ petitioner could be re-inducted into service. In case, the authorities are satisfied with the Driving Licence, the Transport Corporation has no objection for permitting the petitioner to resume duty.

4. In view of the above said facts, the writ petitioner is directed to submit his Driving Licence to RTO officials and Police officials for verification. After verification, authorities are directed to return the original to the writ petitioner and send a report to the Transport Corporation with regard to the status of the Driving Licence of the writ petitioner on the date of the accident as well as on the date of verification. Based upon the said report, the respondents are directed to pass further orders. The petitioner is directed to approach the authorities within a period of one week from the date of receipt of a copy of this order. The authorities are directed to complete the investigation within a period of two weeks thereafter. 3/6

5. The writ petition is disposed of on the above said directions. No costs.

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To 1.The Managing Director, State Transport Corporation Ltd., Bypass Road, Madurai, Madurai District - 625 016.

2.The General Manager, State Transport Corporation Ltd., Virudhunagar, Virudhunagar District - 626 001.

3.The Assistant Manager (Law), State Transport Corporation Ltd., Virudhunagar, Virudhunagar District - 626 001.

4.The Branch Manager, State Transport Corporation Ltd., Sattur Branch, Sattur - 626 203, Virudhunagar District.

5/6

R.VIJAYAKUMAR, J.

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