The court disposed of a Writ Appeal challenging the Single Judge's interim order in a disciplinary matter. It declined to interfere with the stay granted despite the pending charge memo, allowing the appeal to fail.
The writ appeal was dismissed. No costs awarded. Connected Miscellaneous Petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28/7/2015
C O R A M
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL
W.A. No.1007 of 2015
and
M.P. No.1 of 2015
The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd Salem. ... Appellant Vs
Writ Appeal filed under Clause 15 of the Letters Patent against the order passed in M.P.No.1 of 2015 in W.P.No.8419 of 2015 dated 25/6/2015.
Writ Petitions under Article 226 of the Constitution of India praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased (i) to issue a writ of certiorarified mandamus, calling for the records of the impugned notice issued by the 2nd respondent pertaining in Ku.No.222-2222-D2 TNSTC-2015 dated 18/02/2015 and quash the same and consequently direct the 2nd respondent to drop the charges framed against the petitioner and grant such other further relief ( in WP.8419/2015 );
(ii) stay the enquiry before the enquiry officer under show cause notice dated 18/02/2015 in Ku.No.222-2222-D2 TNSTC-2015 (since no charge memo has been issued) (in MP.1/2015) pending WP.8419/2015. respectively.
For appellant : Mr.P.Paramasiva Doss
For respondents :Mr.N. Sakthivel, Government Advocate for R.2.
J U D G M E N T
(Judgment of the Court was made by SATISH K. AGNIHOTRI,J.,)
The appellant is an employer/second respondent in W.P.No.8419 of 2015, filed by the employee, questioning the proceedings of the second respondent dated 18th February, 2015, seeking to quash the charges, has filed the writ petition.
Sd/Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
mvs
To
2.The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd Salem.
W.A. No.1007 of 2015
TEJ (CO)
kk 7/8
2 issues framed by the court
Whether the High Court should interfere with the Single Judge's interim order granting stay pending issuance of charge memo in a disciplinary enquiry.
Whether the dismissal of a writ appeal questioning the premature admission and stay order in an employment disciplinary matter requires judicial intervention at this stage.
2 provisions across 2 enactments
The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd Salem
The Secretary to Government Transport Department Fort St. George Chennai
Satish K. Agnihotri
M. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
