S.Sigamani vs The Managing Director
2023 Latest Caselaw 4864 Mad

                                                                            W.P.(MD)No.9980 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 26.04.2023

                                                    CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                           W.P.(MD)No.9980 of 2023

                     S.Sigamani                                 ... Petitioner


                                                      Vs.

                     1.The Managing Director,
                       Tamil Nadu State Transport Corporation
                           (Kumbakonam) Limited,
                       Kumbakonam, Thanjavur District.

                     2.The General Manager,
                       Tamil Nadu State Transport Corporation
                           (Kumbakonam) Limited,
                       Pudukkottai Region, Pudukkottai.                ... Respondents



                     Prayer: Writ petition is filed under Article 226 of the Constitution of

                     India, to issue a Writ of Mandamus, directing the respondents to

                     reconsider the punishment of stoppage increment for 2 years with

                     cumulative effect imposed on the petitioner vide order passed by the

                     1st respondent dated 12.05.2014 based on the judgment passed by the

                     Judicial Magistrate, Pattukkotai in STC.No.526 of 2011 dated


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                                                                                W.P.(MD)No.9980 of 2023


                     12.09.2013 and consequently directing the respondents to pass orders

                     re-fixing the petitioner's pay and terminal benefits and further to pay the

                     difference amount in wages and difference amount in terminal benefits

                     within a time based on the petitioners representation dated 19.02.2020.



                                  For Petitioner      : Mr.D.Anbarasu

                                  For Respondents     : Mr.K.Jagadeesbalan,
                                                            Standing Counsel.


                                                          ORDER

Heard the learned counsel on either side.

2.The petitioner is working as Driver in the respondent

corporation. The bus driven by him was involved in a fatal accident.

The petitioner was departmentally dealt with and punishment was

imposed on him by the second respondent. The petitioner claims to have

obtained honourable acquittal in the criminal prosecution. In the light of

the said development, the petitioner wants the punishment to be

reconsidered and reviewed. The petitioner has given a representation

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W.P.(MD)No.9980 of 2023

before the first respondent. The first respondent is directed to dispose of

the same and pass final order on merits and in accordance with law

within a period of twelve weeks from the date of receipt of a copy of this

order.

3.This writ petition is disposed of accordingly. No costs.

                                                                              26.04.2023

                     NCC                  : Yes / No
                     Index               : Yes / No
                     Internet            : Yes / No
                     ias

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.9980 of 2023

G.R.SWAMINATHAN,J.

ias

W.P.(MD)No.9980 of 2023

26.04.2023

https://www.mhc.tn.gov.in/judis