A retired-due conductor's appeal against a disciplinary punishment lay unanswered with the transport corporation since 2012. The Court, without examining merits, directed the Managing Director to dispose of the appeal within one month and disposed of the writ petition without costs.
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W.P.(MD).No.4648 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.4648 of 2024
D.Ananthakumar ... Petitioner
Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., KTC Nager, Tirunelveli, Tirunelveli District.
2.The General Manager, Tamil Nadu State Transport Corporation Ltd., Nagercoil Region, Ranithottam, Nesamani Nager, Kanyakumari District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to dispose the petitioner appeal petition dated 03.08.2012 within the time frame that may be stipulated by this Court.
W.P.(MD).No.4648 of 2024
For Petitioner : Mr.B.Micheal Sebastin For Respondents : Mr.K.Ramaiah, Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the 1st respondent to dispose the petitioner's appeal petition dated 03.08.2012.
The petitioner worked as a Special Grade Conductor in the Vivekananthapuram Region, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., since 2000. His superannuation lies on 30.04.2027. He was issued with a charge memo on 21.09.2009. Following which, the disciplinary proceedings was initiated and a punishment of stoppage of increment for a
W.P.(MD).No.4648 of 2024
period of one year with cumulative effect imposed by the 2 nd respondent against the petitioner. Assailing the same, the petitioner filed an appeal petition before the 1 st respondent on 03.08.2012. However, the same was not considered. Hence, the petitioner made a representation dated 20.02.2024 seeking to dispose the petitioner's appeal before the 1 st respondent. Since the same was not considered by the respondents, the present writ petition came to be filed.
W.P.(MD).No.4648 of 2024
amount to dereliction of duty and hence, this Court will be justified in invoking
the extraordinary powers under Article 226 of the Constitution of India.
28.02.2024
NCC : Yes / No Index : Yes / No Internet : Yes Sml
W.P.(MD).No.4648 of 2024
To
W.P.(MD).No.4648 of 2024
L.VICTORIA GOWRI, J.
Sml
W.P.(MD).No.4648 of 2024
28.02.2024
1 issue framed by the court
Should the appellate authority be directed to consider the petitioner's pending appeal against stoppage-of-increment punishment and dispose it within a stipulated time?
1 provisions across 1 enactments
D.Ananthakumar
The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.
The General Manager, Tamil Nadu State Transport Corporation Ltd., Nagercoil Region
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
