Writ petition under Article 226 challenging disciplinary punishment of increment cut for fatal accident dismissed; court upholds punishment as not disproportionate and declines to re-appreciate evidence.
None ¶¶45
This Court does not find any infirmity in the punishment imposed on the petitioner by the disciplinary authority. ¶¶39
W.P.(MD)No.16526 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.10.2025
CORAM
THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.16526 of 2021
and
W.M.P.(MD)Nos.13410 &13411 of 2021
V.Ramar
: Petitioner
Vs.
Tamil Nadu State Transport Corportion (Kumbakonam) Ltd., Trichy Region, Trichy.
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy.
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Thuvakudi Branch, Thuvakudi, Trichy. : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorari, calling for the records relating to
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W.P.(MD)No.16526 of 2021
the impugned order of the first respondent in jmnghf/Fk;g/jpUr;rp/o2/5005/2020 dated 03.02.2021 confirming the order passed by the 2nd respondent in
jmnghf/Fk;g/jpUr;rp/o2/5005/2020 dated 02.11.2020 in imposing punishment of stoppage of three annual increments with cumulative effect and quash the same as illegal.
For Petitioner : Ms.S.Meena,
for Mr.K.N.Guru
For Respondents : Mr.S.C.Herold Singh, Standing Counsel
O R D E R
This Writ Petition has been filed challenging the impugned orders passed by the respective respondents imposing the punishment of three years increment cut with cumulative effect on the petitioner.
2. The petitioner is a driver employed with the respondent Transport Corporation and while driving the bus of the respondent Transport corporation, an accident happened which resulted in the death of a victim. Due to the same, disciplinary proceedings were initiated against the petitioner by issuing charge memo. The
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W.P.(MD)No.16526 of 2021
petitioner participated in the disciplinary proceedings. The enquiry officer held that the charges framed against the petitioner were proved. Based on the enquiry report, the second respondent [disciplinary authority] passed the impugned order dated 02.11.2020, imposing punishment of three years increment cut with cumulative effect on the petitioner. Aggrieved by the same, the petitioner preferred an appeal before the first respondent. The appellate authority [first respondent] also confirmed the order of the disciplinary authority by dismissing the appeal by its order dated 03.02.2021. Aggrieved by the same, this Writ Petition has been filed.
3. As seen from the counter filed by the respondents before this Court, the petitioner had committed seven misconducts earlier. Out of the misconducts, the petitioner as a driver also caused two accidents, which resulted in damage caused to the vehicle [bus]. The present accident which is the subject matter of the present disciplinary proceedings resulted in the death of the victim. FIR was also registered only against the petitioner who was the driver of the bus who caused the accident, which resulted in the death of the victim. Criminal case has already been registered against the petitioner and the same is also pending against the petitioner before the Criminal Court.
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4. Before the enquiry officer, the petitioner alone was examined as a witness. On the side of the delinquent [petitioner] there are no eye-witnesses examined by the delinquent in support of the petitioner's case that he is innocent. Only based on preponderance of probability and only based on available evidence, the enquiry officer has held that the charges framed against the petitioner are found to be proved against him. Only based on the enquiry report, the disciplinary authority has imposed the punishment of three years increment cut with cumulative effect on the petitioner. Hence, this Court does not find any infirmity in the punishment imposed on the petitioner by the disciplinary authority. It cannot also be said that the punishment imposed is disproportionate to the charges framed against the petitioner in the disciplinary proceedings.
5. It is also an admitted fact that prior to the charges which are the subject matter of this Writ Petition, the petitioner was involved in seven other misconducts and in respect of some of them punishments were also imposed on the petitioner. In the case on hand, the victim has died and in fact an FIR has been registered only against the petitioner for his rash and negligent driving which is the
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W.P.(MD)No.16526 of 2021
subject matter of a criminal case pending before the criminal court against the petitioner. The appeal filed by the petitioner has also been rejected by the appellate authority [first respondent] under the impugned order dated 03.02.2021. This Court cannot re-appreciate evidence, that too, when it finds that only based on the evidence available on record and only based on preponderance of probability, the enquiry officer has held that the charges framed against the petitioner are proved and based on the same, the disciplinary authority as well as the appellate authority have imposed the punishment of three years increment cut with cumulative effect on the petitioner and this Court does not find any infirmity in the impugned order.
6. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
25.10.2025
Index :Yes / No Internet : Yes / No NCC : Yes/No MR
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W.P.(MD)No.16526 of 2021
To
Trichy.
Trichy.
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Thuvakudi Branch,
Thuvakudi,
Trichy.
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W.P.(MD)No.16526 of 2021
ABDUL QUDDHOSE., J.
MR
W.P.(MD)No.16526 of 2021
25.10.2025
7/7
3 issues framed by the court
Whether the court can re-appreciate evidence in writ jurisdiction under Article 226 when enquiry officer found charges proved based on preponderance of probability¶¶44
1 provisions across 1 enactments
How this case reached the court
Order of first respondent dated 03.02.2021 confirming order of second respondent dated 02.11.2020 imposing punishment of stoppage of three annual increments with cumulative effect¶¶23-24
First respondent (Managing Director) as appellate authority · 03.02.2021
Disciplinary proceedings initiated after fatal accident; charge memo issued¶¶30
Petitioner participated in disciplinary proceedings; enquiry officer held charges proved¶¶34
Disciplinary authority (second respondent) passed order dated 02.11.2020 imposing punishment of three years increment cut with cumulative effect¶¶34
Appeal filed before first respondent; appellate authority dismissed appeal by order dated 03.02.2021¶¶34
Writ petition filed challenging the impugned orders¶¶34
The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy¶¶12-13
Mr. S.C. Herold Singh
The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy¶¶14-15
Mr. S.C. Herold Singh
The Branch Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Thuvakudi Branch, Thuvakudi, Trichy¶¶16-17
Mr. S.C. Herold Singh
Abdul Quddoseauthor¶¶5
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
