J.Benjamin v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.29043 of 2023 and W.M.P.(MD).No.25083 of 2023 J.Benjamin ... Petitioner -vs1.The Managing Director, Tamilnadu State Transport Corporation Ltd., Bypass Road, Madurai-625 010.
2. The General Manager, The Tamil Nadu State Transport Corporation Ltd., Dindigul Region (Madurai Zone), Bypass Road, Dindigul.
3. The Assistant Manager (Operation), TamilNadu State Transport Corporation Ltd., Dindigul Region (Madurai Zone), Dindigul.
4. The Branch Manager, TamilNadu State Transport Corporation Ltd., R.F.Road, Palani-624 601, Palani Branch, Dindigul District.
... Respondents 1/6
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the second respondent in his proceedings LD2P1/5181 dated 27.09.2023 and quash the same. For Petitioner : Mr.S.Karthik For Respondents : Mr.K.Ramaiah Standing Counsel
O R D E R
The instant writ petition has been filed by a driver cum conductor working in the respondent Transport Corporation, challenging the order of suspension dated 27.09.2023.
2. A perusal of the suspension order reveals that the petitioner has been placed under suspension for his involvement in a criminal case in Crime No. 298 of 2017, on the file of CCB-I, Chennai, dated 09.09.2017, wherein, there is an allegation of job racketing as against the writ petitioner. 2/6
3. According to the learned Counsel appearing for the writ petitioner, his name is shown only as a witness in the charge sheet and therefore the Transport Corporation can consider revocation of the suspension order.
4. The learned Standing Counsel appearing for the respondent Transport Corporation submitted that the charge sheet has been altered and now the petitioner is shown as one of the accused person in the charge sheet. The said fact is disputed by the learned counsel appearing for the writ petitioner, contending that the charge sheet has not been served upon him. The learned Standing counsel appearing for the Respondent Transport Corporation further submitted that pursuant to the charge memo issued to the writ petitioner on 28.09.2023, enquiry has been completed and report has also been submitted to the second respondent. In view of the pendency of the writ petition, final orders have not been passed.
5. In view of the above said facts, this court directs the second respondent to pass final orders in the disciplinary proceedings within a period of four weeks from the date of receipt of a copy of this order. 3/6
6. With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 21.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 4/6
To:
1.The Managing Director, Tamilnadu State Transport Corporation Ltd., Bypass Road, Madurai-625 010.
2. The General Manager, The Tamil Nadu State Transport Corporation Ltd., Dindigul Region (Madurai Zone), Bypass Road, Dindigul.
3. The Assistant Manager (Operation), TamilNadu State Transport Corporation Ltd., Dindigul Region (Madurai Zone), Dindigul.
4. The Branch Manager, TamilNadu State Transport Corporation Ltd., R.F.Road, Palani-624 601, Palani Branch, Dindigul District.
5/6
R.VIJAYAKUMAR,J.
gvn W.P(MD)No.29043 of 2023 21.11.2024 6/6