7.In the light of the above said Division Bench judgment, it is always open to the employer or the police, or the Licencing Authority, to seek for surrendering of the licence. In the case on hand, the petitioner, has refused to part with the licence by citing the pendency of Criminal Original Petition, where, only notice has been ordered on 13.07.2011. Admittedly, a criminal case under Section 304-A of IPC has been registered against the petitioner, for allegedly causing the death of a Sub-Inspector of Police, who was riding a motor cycle. When a criminal case has been registered against the petitioner under Section 304-A of I.P.C, nothing prevented the disciplinary / appointing authority, from placing the petitioner, under suspension, as per the service rules applicable to the employees of Transport Corporation. Though it is contended that the petitioner has already submitted a medical leave letter on 03.05.2011 and that he has been continuously representing to the authorities to permit him to join duty, material on record discloses that he was not placed under suspension and that there was no cessation of employer and employee relationship. The question of reinstatement would arise only if an order is passed by the competent authority, to temporarily put off the petitioner from duty. In the case on hand, though the petitioner has contended that he is always ready and willing to join duty, and that the respondents did not provide him duty, initiation of disciplinary proceedings by way of formulation of charges dated 10.06.2011, by the General Manager, TamilNadu State Transport Corporation, Madurai Limited is to the effect that the petitioner has unauthorisedly absented without prior permission or intimation from 03.05.2011 and that, he has committed an act of mis-conduct, as per the standing orders 16(7) of the Transport Corporation. Whether the petitioner has absented from reporting the duty or not, is a matter to be enquired into by the respondents 1 to 3 and that when disciplinary proceedings have already been initiated, it would not appropriate for this Court to adjudicate the said issue and record any finding. It is a matter for enquiry. In the light of the abovesaid discussion, the relief of mandamus, cannot be granted by this Court. Accordingly, this writ petition is dismissed. In view of the registration of the cr.No.93 of 2011 under Section 304-A of I.P.C on the file of the Sub-Inspector of Police, Crime Branch, Tallakulam (incharge), Traffic Investigation Wing, which is still pending, appropriate decision may be taken by the authority to keep him off temporarily, by placing him under suspension or permit the petitioner to report for duty, assign any work, which is suitable and permissible under the rules and standing orders, applicable to the employees of the Transport Corporation, without prejudice to the disciplinary action already taken. No costs.
