M. Chinnadurai v. State Express Transport Corporation (Tamil Nadu) Ltd.
2016-01-07
D.HARIPARANTHAMAN
body2016
DigiLaw.ai
ORDER : The issue lies in a narrow compass. Hence the matter is taken up for final disposal with the consent of both parties. 2. Admittedly, the petitioner, who was employed as driver, was imposed with the punishment of stoppage of increment for one year with cumulative effect, besides ordering recovery of Rs.1,000/- by the impugned order dated 22.12.2014 by the second respondent. The said punishment was modified by the first respondent into stoppage of increment for 6 months with cumulative effect and the recovery of Rs.1,000/- was confirmed by the appellate authority, the first respondent. Further, the suspension period was also treated as leave on loss of pay. 3. The main issue which is focussed by the learned counsel for the petitioner is that the aforesaid punishment was issued without holding enquiry that is contemplated under the certified Standing Orders. 4. The learned counsel for the respondent – Transport Corporation has not seriously disputed about the above said legal position. 5. Clauses 30 and 31 of the certified Standing Orders make it clear that the punishments other than censure and fine shall be imposed only after holding enquiry. In view of Clauses 30 and 31 of the certified Standing Orders, the impugned orders are liable to be quashed and accordingly the same are quashed. Further, it is made clear that the respondents are at liberty to hold enquiry and pass appropriate orders thereon. 6. The writ petition is allowed in the above terms. No costs. Consequently, the connected miscellaneous petitions are closed.