Madras High Court
P.Mahendran vs The Management Of Tamil Nadu State on 11 October, 2023
W.P.(MD).No.24614 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.24614 of 2023
P.Mahendran ...Petitioner
Vs.
1. The Management of Tamil Nadu State
Transport Corporation (Madurai) Limited,
Represented by its Managing Director,
Madurai Bye-pass Road,
Madurai.
2. The General Manager,
Tamil Nadu State Transport Corporation,
(Madurai) Limited,
Madurai Region,
Madurai. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents to
revise and cancel the punishment of stoppage of the petitioner's annual
increment for two years with cumulative effect imposed by the second
respondent in Ref: O Na Thu/5/A NA/36, dated 25.06.2010 in terms of Clause
61 of Settlement under Section 12(3) of I.D. Act dated 30.09.1992 in the light
of the judgment of acquittal rendered in criminal case in C.C.No.13 of 2010,
dated 16.10.2015 by the Judicial Magistrate No.II, Virudhunagar.
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.24614 of 2023
For Petitioner : Mr.A.Rahul
For Respondents : Mr.S.Raja
Standing Counsel
ORDER
The present Writ Petition has been filed by a Driver of the first
respondent Transport Corporation seeking to dispose of his representation
dated 01.11.2022 addressed to the first respondent in the writ petition.
2. According to the learned counsel appearing for the writ petitioner,
disciplinary proceedings were initiated as against the writ petitioner in view
of an accident that took place on 09.12.2009 and punishment of stoppage of
increment was imposed on the writ petitioner. However, he was acquitted by
the criminal Court on 16.10.2015. Thereafter, the petitioner has submitted an
appeal to the first respondent herein on 15.07.2010. However, the said appeal
has not yet been disposed of. The petitioner again sent a representation on
22.09.2017 requesting the first respondent to consider the cancellation of the
punishment in the light of the judgment of the Criminal Court.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.24614 of 2023
3. Admittedly, the said representation is yet to be disposed of and is
pending on the file of the first respondent herein.
4. In view of the above said facts, there shall be a direction to the first
respondent herein to dispose of the representation given by the writ petitioner,
on 22.09.2017, in the light of the judgment in C.C.No.13 of 2010 on the file
of the Judicial Magistrate No.II, Virudhunagar, dated 16.10.2015 within a
period of eight weeks from the date of receipt of a copy of this order.
5. With the above said directions, this writ petition stands disposed of
There shall be no order as to costs.
11.10.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.24614 of 2023
To
1. The Managing Director,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Madurai Bye-pass Road,
Madurai.
2. The General Manager,
Tamil Nadu State Transport Corporation,
(Madurai) Limited,
Madurai Region,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.24614 of 2023
R.VIJAYAKUMAR,J.
ebsi
W.P(MD)No.24614 of 2023
11.10.2023
https://www.mhc.tn.gov.in/judis
