Madras High CourtWP(MD)/29883/2024allowed

Alakarsamy v. The General Manager

2024-12-18Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.29883 of 2024 and W.M.P.(MD).Nos.25174 & 25175 of 2024 Alakarsamy ... Petitioner Vs The General Manager, TamilNadu State Transport Corporation Ltd., Karaikudi Zone, Karaikudi, Sivagangai District.

...Respondent

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, to calling for the entire relevant records relating to the impugned order passed by the respondent against the petitioner, vide TNSTC/KKD/DS-8571/FATO1/D5-140/2024, dated 18.10.2024 and qush the same as illegal.

For Petitioner : Mr.R.Senthilkumar For Respondent : Mr.K.JagadeeshBalan Standing Counsel 1/4

ORDER

The instant writ petition has been filed by a Driver of the respondent Corporation, challenging the order dated 18.10.2024, wherein, punishment has been imposed upon him by postponing the annual increment for a period 36 months with cumulative effect.

2. The sole ground on which the order of punishment is challenged is that the petitioner has not been furnished with the copy of the enquiry report along with the second show cause notice issued to him on 06.09.2024.

3. On instructions, the learned Standing Counsel appearing for the respondent transport Corporation submits that they would furnish a copy of the enquiry report.

4. In view of the above said facts, the order impugned in this writ petition is set aside and the matter is remitted back to the file of the respondent herein and the respondent shall furnish a copy of the enquiry report and issue a fresh show cause notice to the writ petitioner calling upon his explanation and thereafter pass appropriate orders in accordance with law. 2/4

5. With the above said observations, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. 18.12.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn To The General Manager, TamilNadu State Transport Corporation Ltd., Karaikudi Zone, Karaikudi, Sivagangai District.

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R.VIJAYAKUMAR , J.

gvn W.P.(MD)No.29883 of 2024 18.12.2024 4/4