Ponnuchamy.P Vs The General Manager — Writ and Judicial Review | Madras HC (2025)

Ponnuchamy.P Vs The General Manager — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of without interfering with the impugned order; petitioner permitted to file an appeal before the competent authority against the impugned order dated 10.10.2019 within 15 days of receipt of a copy of this order; the appellate authority directed to pass final orders on merits in accordance with law after adhering to principles of natural justice within four weeks of receiving such appeal; no costs; connected miscellaneous petition closed.

Issue for consideration

Whether the impugned order dated 10.10.2019 imposing punishment of three years increment cut with cumulative effect is liable to be quashed on the ground of total non-application of mind, the punishment being disproportionate to the charge of misappropriating Rs.25/-. +1 more

Court's answer

This Court expressed a prima facie view that the punishment of three years increment cut with cumulative effect imposed under the impugned order is disproportionate to the nature of the charge levelled against the petitioner (misappropriation of Rs.25/-); this prima facie disproportionality was the consideration on which the Court chose the remedy of permitting an appeal rather than outright dismissal or interference.

Ratio / Principle

Without interfering with the impugned order, and in order to protect the rights of the petitioner, the Court held that the petitioner shall be permitted to prefer an appeal against the impugned order dated 10.10.2019 before the competent authority, and disposed of the writ petition by permitting such appeal to be filed within a period of 15 days from the date of receipt of a copy of the order.

Key takeaways

On receipt of the appeal filed by the petitioner within the stipulated time, the competent authority of the respondent (appellate authority) shall pass final orders on merits and in accordance with law, after adhering to the principles of natural justice, within a period of four weeks thereafter; no costs were awarded and the connected miscellaneous petition was closed.ratio¶28

Detailed headnote1 paragraphs

Writ of Certiorari under Article 226 of the Constitution of India challenging an order dated 10.10.2019 of the General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, imposing punishment of three years increment cut with cumulative effect on a Conductor for the charged misappropriation of Rs.25/- while collecting a luggage ticket. The Court, while declining to interfere with the impugned order, took a prima facie view that the punishment was disproportionate to the charge and noted that the petitioner, due to retire on 31.07.2026, had not filed any appeal against the impugned order. The writ petition was disposed of by permitting the petitioner to file an appeal before the competent authority within 15 days of receipt of a copy of the order, with a direction that the appellate authority pass final orders on merits and in accordance with law, after adhering to the principles of natural justice, within four weeks of receipt of such appeal. No costs; connected miscellaneous petition closed.

W.P.(MD)No.18208 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 09.09.2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

W.P.(MD)No.18208 of 2022 and W.M.P.(MD).No.13286 of 2022

P.Ponnuchamy

... Petitioner

Vs.

The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Kumbakonam, Trichy Region. ... Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned order passed by the respondent in his proceedings in Tha.A.Pok/Kumba/Trichy/D7/4474/2018, dated 10.10.2019 and quash the same as illegal.

For Petitioner : Mr.A.Vadivel For Respondent : Mr.S.C.Herold Singh, Standing Counsel

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O R D E R

This Writ Petition has been filed challenging the impugned order dated 10.10.2019 imposing the punishment on the petitioner, viz., three years increment cut with cumulative effect.

The petitioner has raised several grounds for challenging the impugned order, the primary ground being that the impugned order has been passed by total non-application of mind, imposing a punishment disproportionate to the charges levelled against the petitioner. In the disciplinary proceedings, the charge framed against the petitioner was that he had misappropriated a sum of Rs.25/- while collecting the luggage ticket. The petitioner is employed as a Conductor with the respondent Transport Corporation.

Under the impugned order, it has been held that the petitioner himself pleaded guilty to the charge framed against him in the enquiry proceedings. However, this Court is of the prima facie view that the punishment imposed on the petitioner is disproportionate to the nature of the charge levelled against him. The learned counsel also submits that the petitioner is due to retire from service on 31.07.2026, and if the impugned order is allowed to continue, the petitioner will suffer grave prejudice and he may not be in a position to get his 2/5

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W.P.(MD)No.18208 of 2022

retirement benefits. Admittedly, the petitioner has not filed any appeal as against the impugned order, though he could have exercised the same instead of filing this Writ Petition. Considering the punishment imposed under the impugned order, which on a prima facie consideration appears to be disproportionate to the nature of the charges levelled against the petitioner, this Court, without interfering with the impugned order and in order to protect the rights of the petitioner, is of the considered view that, the petitioner shall be permitted to prefer an appeal within a time frame to be fixed by this Court, if aggrieved by the impugned order.

The learned counsel appearing for the petitioner further submits that the petitioner may be permitted to file an appeal before the competent authority, so as to enable him to seek quashing of the impugned order or, if necessary, reduction of the punishment, to enable the petitioner to get his retirement benefits.

For the foregoing reasons, this Writ petition is disposed of by permitting the petitioner to file an appeal before the competent authority as against the impugned order dated 10.10.2019 passed by the respondent within a period of 15 days from the date of receipt of a copy of this order. On receipt of

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W.P.(MD)No.18208 of 2022

the said appeal filed by the petitioner within the stipulated time, the competent authority of the respondent (appellate authority) shall pass final orders on merits and in accordance with law after adhering to the principles of natural justice within a period of four weeks thereafter. No costs. Consequently, the connected miscellaneous petition is closed.

09.09.2025

NCC:yes/no Index:yes/no Internet:yes/no TSG

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W.P.(MD)No.18208 of 2022

ABDUL QUDDHOSE, J.

TSG

W.P.(MD)No.18208 of 2022

09.09.2025

https://www.mhc.tn.gov.in/judis

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