The General Manager vs R.Sirumbanan
2023 Latest Caselaw 5318 Mad

                                                                        W.A.(MD) No.633 of 2023


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED : 02.06.2023

                                                            CORAM:

                                    THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                      and
                                   THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                                    W.A.(MD) No.633 of 2023
                                                              and
                                                   C.M.P.(MD) No.5878 of 2023


                 The General Manager
                 Tamil Nadu State Transport
                   Corporation (Kumbakonam) Limited
                 Karur Region, Karur District                                         ... Appellant

                                                              -vs-


                 R.Sirumbanan                                                         ... Respondent


                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                 order, dated 11.10.2022, passed in W.P.(MD) No.20629 of 2022, on the file of

                 this Court.


                                   For Appellant      : Mr.S.C.Herold Singh

                                   For Respondent     : Mr.D.Srinivasaraghavan
                                                        for Mr.D.Anbarasu



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https://www.mhc.tn.gov.in/judis
                                                                       W.A.(MD) No.633 of 2023




                                                      JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Challenge in this writ appeal is to the order of the Writ Court

sustaining the writ petition filed by the respondent / writ petitioner seeking to

quash the impugned order of punishment on the ground that the punishment

that was imposed on the respondent / writ petitioner was not prescribed in

the Standing Orders. The punishment that was imposed on the respondent is

reduction of time scale of pay. The Writ Court has found that such a

punishment is not prescribed under the Standing Orders.

2. Mr.S.C.Herold Singh, learned counsel for the appellant, would,

however, draw our attention to the Standing Order 14(2) and contend that

there can be a punishment of reduction in time scale of pay.

3. We are unable to concur with the said submission. Standing

Order 14(2) provides for effect of the punishment of reduction to a lower rank

and the Standing Order 17 provides for reduction in rank. None of these

provisions authorize imposition of punishment of reduction of time scale of

pay. Therefore, we are unable to find fault with the Writ Court having held

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.633 of 2023

that imposition of such punishment is not prescribed under the Standing

Orders. The Writ Court has also relied upon the Judgment of the Hon'ble

Supreme Court in Vijay Singh vs. State of Uttar Pradesh & others,

reported in (2012) 5 SCC 242, which is also to the same effect. Hence, we

find no ground to interfere with the impugned order passed by the Writ Court.

The writ appeal fails and the same is dismissed. No costs. Consequently,

connected miscellaneous petition is closed.

                                                              [R.S.M., J.]           [L.V.G., J.]
                                                                         02.06.2023
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk




                 ____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.633 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

krk

W.A.(MD) No.633 of 2023 and C.M.P.(MD) No.5878 of 2023

02.06.2023

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