Petitioner challenged a show cause notice for unauthorized absence via Article 226. The Court dismissed the writ petition after noting that an enquiry was already pending and the department had acted upon the notice. Prayers to quash the notice were considered devoid of merit.
Writ petition dismissed; connected miscellaneous petitions closed. No costs awarded.
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.
W.P.No.25331 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.No.25331 of 2023
and WMP Nos.24741, 24742 and 24743 of 2023
S.Ashokan
...Petitioner
-Vs-
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned Charge Memo issued by the 3rd respondent in No.149/1427/D3 TNSTC/2023 dated 20.07.2023 and quash the same, consequently direct the respondents to grant voluntary retirement as per representation dated 24.05.2023 submitted in proper form on 13.06.2023.
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W.P.No.25331 of 2023
For Petitioner : Mr.V.Karthikeyan
For Respondents : Mr.P.Muthukumar State Govt.Pleader Assisted by Mr.K.Raja
ORDER
Heard Mr.V.Karthikeyan, learned counsel for the petitioner and Mr.P.Mutukumar, learned State Government Pleader, assisted by Mr.K.Raja, learned counsel for the respondents.
not be initiated against him for his unauthorised absence from 24.05.2023.
seeking to treat his period of absence from 24.05.2023 as Medical Leave. The
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W.P.No.25331 of 2023
receipt of the said letter is denied by the respondents.
23.11.2023
Index:Yes/No Internet:Yes/No sr
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W.P.No.25331 of 2023
M.S.RAMESH,J.,
sr
To
W.P.No.25331 of 2023
23.11.2023
3 issues framed by the court
Whether a writ of certiorari or mandamus should be issued to quash a show cause notice initiated for unauthorized absence.
Whether the petitioner's application to treat absence as medical leave justifies quashing the show cause notice.
Whether the High Court should interfere when an enquiry has already been initiated by the department.
S. Ashokan
The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited
The Managing Director, Tamil Nadu State Transport Corporation Limited, Dharapuri Division, Dharmapuri
The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited Dharmapuri Division
M. S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
