The Court dismissed a writ appeal challenging an order that modified dismissal to compulsory retirement, finding that the falsity of an education certificate was not positively proved and the benefit of doubt was correctly given to the employee.
Writ Appeal dismissed; 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.
W.A(MD)No.1788 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)No.1788 of 2024 and
C.M.P.(MD)No.13621 of 2024
1.The Managing Director, Tamil Nadu State Transport Corporation (Kum) Ltd., TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam-612 001.
2.The General Manager, Tamil Nadu State Transport Corporation (Kum) Ltd., Division-III, Karaikudi Region, Maruthupathi, Managiri, Karaikudi-630 307. ... Appellants / Respondents
-vs-
K.Kannadhasan ... Respondent/ Petitioner
PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 27.04.2023 in W.P.(MD)No.6529 of 2019.
For Appellant : Mr.S.C.Herold Singh
For Respondent : Mr.SP.Vijaynivas
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https://www.mhc.tn.gov.in/judis ______________
W.A(MD)No.1788 of 2024
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
The challenge in this writ appeal is to the order of the writ Court made in W.P.(MD)No.6529 of 2019.
https://www.mhc.tn.gov.in/judis _____________ Page 2 of 4_
W.A(MD)No.1788 of 2024 Division Bench while disposing of the appeal had categorically held that unless the corporation is able to show positively that the certificate is not genuine, imposition of punishment on the ground of production of false certificate cannot be sustained.
[R.S.M., J.] [L.V.G., J.] 15.10.2024
NCC :Yes/No Index :Yes/No Internet: Yes Sml
https://www.mhc.tn.gov.in/judis _____________ Page 3 of 4_
W.A(MD)No.1788 of 2024 R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
Sml
W.A(MD)No.1788 of 2024
15.10.2024
https://www.mhc.tn.gov.in/judis _____________ Page 4 of 4_
1 issue framed by the court
Whether the production of a false education certificate was proved by the Corporation to sustain dismissal?
Colour shows how this judgement treated each authority
W.A.(MD)No.600 of 2010Referred¶25
The Managing Director, Tamil Nadu State Transport Corporation (Kum) Ltd.
The General Manager, Tamil Nadu State Transport Corporation (Kum) Ltd.
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
