Madras High Court
S.Chinnaraj … vs The Managing Director on 6 February, 2023
W.P.No.3088 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2023
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
W.P.No.3088 of 2023
S.Chinnaraj … Petitioner
Vs.
1. The Managing Director
Tamil Nadu Government Transport
Corporation (Salem Zone)
Corporate Head Office
12, Ramakrishna Salai
Salem 636 007.
2. The General Manager
Tamil Nadu Government Transport Corporation
(Salem Zone)
Corporate Head Office
12, Ramakrishna Salai
Salem 636 007.
3. The Deputy Manager
Tamil Nadu Government Transport Corporation
(Salem Zone), Corporate Head Office
12, Ramakrishna Salai
Salem 636 007.
4. The Branch Manager
Tamil Nadu Government Transport Corporation
(Salem Zone-I), Thiruchengodu Branch
Namakkal 637 209. … Respondents
Page No.1 of 4
https://www.mhc.tn.gov.in/judis
W.P.No.3088 of 2023
Writ Petition filed under Article 226 of the Constitution of India for issuance
of a Writ of Mandamus, to direct the respondents to withdraw the all final order in
all the charge memos in total and to pass orders to pay all monetary benefits on the
petitioner representation dated 06.05.2022.
For Petitioner : Mr.Muruga Bharathi
For Respondents : Mr.P.Muthukumar
State GP
Asst.by:
Mr.K.Raja
Standing Counsel
ORDER
This writ petition was filed for a direction to the 2nd respondent to consider
the representation made by the petitioner, wherein, the petitioner has sought for
withdrawing all the disciplinary proceedings initiated against him on the ground that
the standing order of the Corporation has been held to be invalid by the Labour
Court, Salem.
2.This Court pointed out to the learned counsel for the petitioner regarding
the earlier order passed by this Court in WP.No.1763 of 2020, dt.09.12.2020,
wherein this Court held that even in the absence of the standing order, it is always
left open to the respondent Corporation to initiate disciplinary proceedings against
the delinquent employees. In view of the same, the ground on which the petitioner
https://www.mhc.tn.gov.in/judis
W.P.No.3088 of 2023
is seeking for withdrawal of the pending disciplinary proceedings, may not be
sustainable. That apart, the learned Government Pleader (State) appearing on behalf
of the respondent Corporation submitted that the order passed by the Labour Court
has already been put to challenge before this Court in W.P.No.10815 of 2018 and
the same is pending.
3. In the light of the above, it is left open to the petitioner to raise all his
defense in the pending disciplinary proceedings and the same shall be considered on
its own merits and in accordance with law. Except giving this clarity, no further
orders can be passed in this writ petition.
4.In the result, this writ petition is disposed of in the above terms. No costs.
06.02.2023
kp
Internet : Yes/No
Index : Yes/No
Speaking Order :Yes/No
Neutral Judgment :Yes/No
N.ANAND VENKATESH,J.
kp
https://www.mhc.tn.gov.in/judis
W.P.No.3088 of 2023
To
1. The Managing Director
Tamil Nadu Government Transport
Corporation (Salem Zone)
Corporate Head Office
12, Ramakrishna Salai
Salem 636 007.
2. The General Manager
Tamil Nadu Government Transport Corporation
(Salem Zone) , Corporate Head Office
12, Ramakrishna Salai
Salem 636 007.
3. The Deputy Manager
Tamil Nadu Government Transport Corporation
(Salem Zone)
Corporate Head Office
12, Ramakrishna Salai
Salem 636 007.
4. The Branch Manager
Tamil Nadu Government Transport Corporation
(Salem Zone-I) T
Thiruchengodu Branch
Namakkal 637 209.
W.P.No.3088 of 2023
06.02.2023
https://www.mhc.tn.gov.in/judis
