Mahalingam K v. The Tamil Nadu State Transport Corporation (Madurai) Ltd
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.24594 of 2023 and W.M.P(MD) No.20775 of 2023
1. K.Mahalingam
2. K.Safik Raja
3. M.Muthukrishnan
4. M.Subramani
5. K.Senthil Kumar
6. S.Shenbagaraj
7. Arasu Pokkuvarathu Madurai Thozhilalar Sangam, Represented by its General Secretary, A.Kanagasundar, S/o.P.S.Appanasamy Having Office at V.P.Chinthan Ninaivagam, V.O.C. 2nd Street, Arul Nagar, Bypass Road, Madurai - 625 016.
...Petitioners
Vs.
1. The Tamil Nadu State Transport Corporation (Madurai) Limited, Represented by its Managing Director, Bypass Road, Madurai - 625 016.
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2. The General Manager, The Tamil Nadu State Transport Corporation, (Madurai) Limited, Madurai Region, Bypass Road Madurai- 625 016.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to complete or to dispose of the disciplinary action initiated by the second respondent in proceeding No.O.NaThu/D3/Nagar/5532 and 5533 dated 22.12.2022, O Na Thu/D3/Pura/4753 and 4754 dated 22.12.2022, and O. Na Thu/D4/Pura/4757 and 4758, dated 22.12.2022, in connection with participation of the petitioners No.1 to 6 and other workers of the first respondent Corporation in the protest of attending duty without wearing Uniform which was held on 01.12.2022, taking into account conclusion of disciplinary action in the case of Co-workman M.Packiyam by imposing fine of Rs.200/- in an by proceedings of second respondent in Ref.No.O Na Thu/ D2/Nagar/5562, dated 31.03.2023 within a time limit stipulated by this Court. For Petitioners : Mr.A.Rahul For Respondents : Mr.K.Ramaiah Standing Counsel 2/5
O R D E R
The present Writ Petition has been filed by the writ petitioners who are drivers in the respondent Corporation. All of them were issued with a charge Memo, on 22.12.2022 for attending duty without uniform.
2. According to the learned counsel appearing for the writ petitioners, the petitioners have protested as against the Management for non-supply of uniform for so many years. Hence, the said charge Memo has been issued. The learned counsel for the petitioners further points out that for the similarly placed persons, who were issued within a similar charge Memo, enquiry has been completed and final order has been passed on 31.03.2023, after conducting an enquiry and imposing a minor punishment of fine of Rs.200/- (Rupees Two Hundred only). However, the case of the petitioners is that they have been singled out and the disciplinary proceedings have not been concluded.
3. Considering the above said facts, this Court directs the second respondent to complete the enquiry and pass orders within a period of four 3/5
weeks from the date of receipt of a copy of this order, considering the order passed by them on 31.03.2023 with regard to the similarly placed drivers.
4. With the above said directions, this writ petition stands disposed of There shall be no order as to costs. Consequently connected Miscellaneous Petition is closed.
11.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To
1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bypass Road, Madurai.
2. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Bypass Road, Madurai 625 016.
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R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.24594 of 2023 11.10.2023 5/5