The Manager Director, v. M.Muniyasamy
Case brief
What is this about?
This writ appeal was filed by the Tamil Nadu Transport Corporation to challenge an order of reinstatement granted to an employee dismissed for possessing a bogus educational certificate. The court examined the conflicting evidence regarding the certificate and prior binding judgments favoring similarly placed employees, ultimately rejecting the corporation's appeal.
What did the court decide?
The writ appeal was dismissed; no costs awarded.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.03.2014 CORAM:
THE HONOURABLE Mr. JUSTICE V.RAMASUBRAMANIAN
AND
THE HONOURABLE MS. JUSTICE V.M.VELUMANI Writ Appeal (MD) No.363 OF 2014
1.The Managing Director Tamilnadu State Transport Corporation (Kumbakonam) Limited New Railway Feeder Road Kumbakonam ...Appellant No.1/Respondent No.1
2.The General Mangager Tamilnadu State Transport Corporation (Kumbakonam) Limited Maruthupathi, Karaikudi. ... Appellant No.2/Respondent No.2 Vs. M.Muniyasamy ... Respondent/Petitioner
PRAYER : Writ appeal filed under Section 15 of Letters Patents Act against the order of this Court dated 26.02.2013 made in W.P.(MD) No.7503 of 2008.
Prayer in WP(MD). 7503/ 2008 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the first respondent dated 22.12.2007 in TNSTC/Law/S1/1505 confirming the impugned order of the 2nd respondent dated 3.10.2006 in TNSTC/TS/D3/32/0070/06 and quash the same and direct the respondent herein to reinstate the petitioner with continuity of service, backwages and other attendant benefits.
Issues for consideration
2 issues framed by the court
Whether the order of the single judge reinstiting an employee dismissed for alleged bogus educational certificate should be disturbed given conflicting evidence and prior binding precedent.
Whether the Transport Corporation can successfully challenge a reinstatement order based on oral testimony from the employee's Headmaster when documented verification was inconclusive.
Parties & counsel
- appellant
Tamilnadu State Transport Corporation (Kumbakonam) Limited
- respondent
M.Muniyasamy
Coram
V.RAMASUBRAMANIAN
Case details
As recorded by the court registry
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