Madras High Court
G.Sugumaran vs The Managing Director on 1 August, 2024
WP(MD) No.18113 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD) No.18113 of 2024
and
W.M.P(MD)No.15462 of 2024
G.Sugumaran ... Petitioner
Vs.
1.The Managing Director
The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
TNSTC Head Office,
No.27, Railway Station New Road,
Kumbakonam – 612 001.
2.The General Manager
The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
Nagapattinam Retion,
Vellipalayam,
Nagpattinam. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
WP(MD) No.18113 of 2024
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus
call for records relating to the impugned order passed by the 2nd
respondent in TNSTC/Kum/Legal/L2/3030/2023 dated 11.05.2023 and
quash the same as illegal and further directing the 1st respondent to
provide duty to the petitioner forthwith.
For Petitioner : Mr.S.P.Vijay Nivas
For Respondent : Mr.K.Jagadees Balan
Standing Counsel
ORDER
Heard Mr.SP.Vijay Nivas, learned counsel appearing for the
petitioner and Mr.K.Jagadees Balan, learned Standing Counsel
appearing for the respondents.
2. By consent of both parties, this writ petition is taken up
for final disposal at the stage of admission itself.
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3.The petitioner has filed this writ petition challenging the
order, dated 11.05.2023 and to direct the first respondent to reinstate
him into service.
4. The petitioner has involved in a criminal case for having
caused an accident and in this regard, a case has been registered and
pending against him in C.C.No.426 of 2012, on the file of the Judicial
Magistrate No.I, Mannargudi. In fact, at the conclusion of the
proceedings, the petitioner was convicted for two years imprisonment
along with Rs.10,000/- fine vide judgment, dated 28.10.2022. However,
the petitioner claims that the order of punishment has been kept under
suspension and the petitioner has been released on bail on the condition
that he has to sign before the jurisdictional Police Station on the first
week of every month. So the petitioner claims that he need not be kept
out of service and he can be reinstated.
5. It is the respondents who had to get convinced in
reinstating the petitioner even when the appeal filed by the petitioner is
pending. Since the petitioner has already caused an accident, for which,
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he has also got convicted, it is difficult for the petitioner to expect the
respondent to consider his claim for reinstatement before the disposal of
the Criminal Appeal filed by him.
6. However, the petitioner is at liberty to submit a fresh
representation by stating the grounds of his appeal and on receipt of the
same, the respondents shall consider and pass orders on merits. It is also
needless to state that the petitioner should endeavour to get the appeal
disposed at the earliest.
7. With the above observation, this writ petition is disposed
of. No costs. Consequently, connected miscellaneous petition is
closed.
01.08.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
RM
https://www.mhc.tn.gov.in/judis
To
1.The Managing Director
The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
TNSTC Head Office,
No.27, Railway Station New Road,
Kumbakonam – 612 001.
2.The General Manager
The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
Nagapattinam Retion,
Vellipalayam,
Nagpattinam.
https://www.mhc.tn.gov.in/judis
R.N.MANJULA, J.
RM
Order made in
01.08.2024
https://www.mhc.tn.gov.in/judis
