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2024 DIGILAW 1649 (MAD)

Tamil Nadu State Transport Corporation (Villupuram) Ltd. v. G. Kesavan

2024-07-22

C.KUMARAPPAN, S.M.SUBRAMANIAM

body2024
JUDGMENT : S.M.SUBRAMANIAM, J. The common order dated 02.12.2020 passed in WP Nos.15007 and 15008 of 2013 is under challenge in the present Writ Appeals. 2. The respondent was a workman served in the cadre of Senior Tradesman in the Tamil Nadu State Transport Corporation (Villupuram) Limited. A charge memorandum was issued on 12.08.2010 regarding the misconduct. The respondent-delinquent submitted representation to defend his case. But without furnishing the document, an enquiry notice was issued on 02.05.2011. Again the respondent addressed a letter to the Disciplinary Authority on 05.05.2011. 3. Mr.V.Ajoy Khose, learned counsel appearing on behalf of the respondent-workman would contend that an ex parte enquiry was conducted on 30.05.2011 and on the same date second show cause notice was issued and on 31.05.2011, an order of punishment was imposed, even without affording opportunity to the respondent to submit his further objections on the findings of the Enquiry Officer. Thus the order of punishment is in violation of the Rules of Natural Justice. 4. Mr.M.Aswin, learned counsel for the appellants would oppose by stating that the respondent-workman had not availed the opportunity provided by the Corporation and he made an attempt to prolong the enquiry proceedings instead of contesting the same. 5. Thus the Authorities have served the Enquiry Officer's Report along with the show cause notice on 30.05.2011 and pass final orders on 31.05.2011. However, we find that the procedure followed by the appellants are not in accordance with the Disciplinary Rules. Thus the findings of the learned Single Judge that the Rule of Natural Justice has been violated is supported by facts. 6. Therefore, we are not inclined to interfere. More-so, the respondent-workman reached the age of superannuation on 31.05.2011 and he was allowed to retire from service and the punishment imposed on him is also seems to be minor. 7. That being so, the writ order impugned stands confirmed. Consequently, both the Writ Appeals are dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are also dismissed.