Madras High Court
T.Vijayakumar vs The Managing Director on 30 October, 2023
W.P(MD)No.25508 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.10.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.25508 of 2023
T.Vijayakumar ... Petitioner
Vs.
1.The Managing Director,
Tamil Nadu State Transport Corporation
TNL Ltd.,
Thoothukudi Road, KTC Nagar,
Tirunelveli-627 011.
2.The General manager,
TNSTC (TNL) Ltd.,
Nagercoil Region,
Ranithottam,
Nagercoil-629 001,
Kanyakumari District.
3.The Branch Manager,
TNSTC (TNL) Ltd.,
Thiruvattar Depot,
Nagercoil Region,
Kanyakumari District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, to direct the
respondent consider the petitioner's representations, dated on 08.01.2022,
20.11.2022 and petitioner's reminder 25.05.2023 and to pass on order to
1/5
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W.P(MD)No.25508 of 2023
set aside the order of punishment of stoppage of increment for 3 years
with cumulative effect in No.5183/legal7/olungu/Tha.Aa.Po.Ka.(Thili)
Nagar/2013, dated 01.07.2015 and grant salary and other service benefits
on bar with the petitioner's junior Mr.Kalaiselvan, Special Grade Driver
(Level-6) Old No.7122 and the petitioner's immediate senior
Mr.S.Swaminathan, Special Grade Driver (Level-6) Old No.7072 of
Tamil Nadu State Transport Corporation, Tirunelveli Ltd., Thiruvattar
Depot, Kanyakumari District, within a time stipulated by this light of the
judgment of acquittal, dated 28.10.2021 in C.C.No.856 of 2013 on the
file of the Judicial Magistrate No.II, Madurai.
For Petitioner : Mr.K.P.Krishnadoss
For Respondents : Mr.K.Ramaiah
Standing Counsel
ORDER
The present writ petition has been filed seeking a Mandamus,
directing the respondents to consider the representations of the petitioner,
dated 08.01.2022, 20.11.2022 and pass orders within a time frame fixed
by this Court.
2. The petitioner who was working as a Senior Driver was
involved in an accident and implicated in a criminal case. In
departmental proceedings, punishment of stoppage of increment for a
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W.P(MD)No.25508 of 2023
period of 3 years with cumulative effect was passed on 01.07.2015.
3. On 21.10.2021, the petitioner was acquitted in C.C.No.856 of
2013 on the file of the Judicial Magistrate No.II, Madurai. Thereafter, the
petitioner has sent a representation to the 1st respondent herein on
20.11.2022 and again on 25.05.2023 seeking his interference in the order
of imposition of punishment. In the said representations, the petitioner
has requested the 1st respondent to set aside the order of punishment
imposed in the light of his acquittal in criminal case.
4. On instructions, the learned Standing Counsel appearing for the
1st respondent submits that they have received such representations.
5. In view of the above said facts, the 1st respondent is directed to
consider the request of the writ petitioner for setting aside the
punishment on merits and in accordance with law and pass orders within
a period of eight (8) weeks from the date of receipt of a copy of this
order.
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W.P(MD)No.25508 of 2023
6. With the above said observations, this Writ Petition stands
disposed of. No costs.
30.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gbg
To
1.The Managing Director,
Tamil Nadu State Transport Corporation
TNL Ltd.,
Thoothukudi Road, KTC Nagar,
Tirunelveli-627 011.
2.The General manager,
TNSTC (TNL) Ltd.,
Nagercoil Region,
Ranithottam,
Nagercoil-629 001,
Kanyakumari District.
3.The Branch Manager,
TNSTC (TNL) Ltd.,
Thiruvattar Depot,
Nagercoil Region,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.25508 of 2023
R.VIJAYAKUMAR,J.
gbg
Order made in
W.P(MD)No.25508 of 2023
Dated:
30.10.2023
https://www.mhc.tn.gov.in/judis
