R.Seenivasan v. The Managing Director

W.P.(MD) No.26183 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.26183 of 2019 R.Seenivasan ... Petitioner vs.

1. The Managing Director, Tamil Nadu State Transport Corporation(Madurai) Ltd., Bye Pass Road, Madurai 625 016

2. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul - 4 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to revise, review and drop the punishment of increment cut with cumulative effect for 2 years and for refund of Rs.1000/- recovered from the petitioner's wages towards damages for the Bus for the alleged accident on 21.04.2012 as the petitioner was not responsible and not shown as accused in the FIR No.29/12 dated 21.04.2012 in the Veerapandi Police Station for the accident on 21.04.2012 For Petitioner :

Mr.S.Govindan For Respondents :

Mr.J.Senthil Kumaraiah

O R D E R

As against the punishment imposed on the petitioner for a cut of increment for a period of two years with cumulative effect, the petitioner herein had filed an appeal before the first respondent which is said to be pending.

2. In view of the order passed by this Court, for similarly placed person in W.P.(MD) No.14780 of 2018, the petitioner seeks for the issuance of Writ of Mandamus to have the punishment dropped. When the petitioner has already challenged the punishment by way of an appeal before the first respondent, it would not be appropriate to consider the relief sought for by the petitioner in this writ petition parallelly.

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W.P.(MD) No.26183 of 2019

3. Nevertheless, if the first respondent herein is directed to dispose of the appeal within a stipulated time, the ends of justice would be secured. In the light of the above observations, there will be a direction to the first respondent to consider the petitioner's appeal dated 05.07.2018 on its own merits and pass appropriate orders in accordance with law within a period of three(03) months from the date of receipt of a copy of this order.

4. The petitioner is at liberty to place the copy of the order of this Court passed in W.P.(M)D No.14780 of 2018 before the first respondent herein, during the course of the appeal proceedings. It is made clear that this Court has not expressed any of its views with regard to the merits of the appeal nor the applicability of the order. Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar (writs) // True Copy // / /2020 Sub Assistant Registrar(CS) sts To

1. The Managing Director, Tamil Nadu State Transport Corporation(Madurai) Ltd., Bye Pass Road, Madurai 625 016

2. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul - 4 +1 CC to Mr.S.GOVINDAN, Advocate ( SR-104325[F] dated 11/12/2019 ) Order made in W.P.(MD) No.26183 of 2019 10.12.2019 VB(20.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2