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N. Jeyarajan & Others v/s The Principal Secretary to Government, Transport Department, Chennai & Others


Company & Directors' Information:- TRANSPORT CORPORATION OF INDIA LIMITED [Active] CIN = L70109TG1995PLC019116

Company & Directors' Information:- A S TRANSPORT PRIVATE LIMITED [Active] CIN = U60222TN1981PTC008886

Company & Directors' Information:- B K B TRANSPORT PRIVATE LIMITED [Active] CIN = U50300JH1990PTC004226

Company & Directors' Information:- M Y TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63090UP2002PTC026917

Company & Directors' Information:- V K TRANSPORT PRIVATE LIMITED [Active] CIN = U22219GJ1997PTC032421

Company & Directors' Information:- G S TRANSPORT PVT LTD [Active] CIN = U63090WB1989PTC047780

Company & Directors' Information:- G B TRANSPORT (INDIA) PVT LTD [Active] CIN = U63090WB1979PTC032170

Company & Directors' Information:- V A TRANSPORT PRIVATE LIMITED [Active] CIN = U45202WB1996PTC081673

Company & Directors' Information:- H R T TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63031DL1999PTC102593

Company & Directors' Information:- G M TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60100MH1994PTC076183

Company & Directors' Information:- G L TRANSPORT PRIVATE LIMITED [Active] CIN = U60200CH2010PTC032269

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231OR2006PTC027280

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231DL2006PTC149707

Company & Directors' Information:- V. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U63090DL2004PTC125632

Company & Directors' Information:- C AND M TRANSPORT P LTD [Active] CIN = U60300MH1994PTC078458

Company & Directors' Information:- G R C TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1988PTC044164

Company & Directors' Information:- E C TRANSPORT LTD [Active] CIN = U63090WB1987PLC043252

Company & Directors' Information:- D G R TRANSPORT PRIVATE LIMITED [Active] CIN = U60231TZ2010PTC016521

Company & Directors' Information:- P T TRANSPORT PVT LTD [Strike Off] CIN = U63090WB1989PTC046423

Company & Directors' Information:- TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230OR2007PTC009590

Company & Directors' Information:- C R TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63090DL2002PTC115826

Company & Directors' Information:- A P M TRANSPORT COMPANY LIMITED [Strike Off] CIN = U60231KL1998PLC012555

Company & Directors' Information:- T. G. TRANSPORT PRIVATE LIMITED [Active] CIN = U02710CT2004PTC017051

Company & Directors' Information:- J. T. TRANSPORT PRIVATE LIMITED [Active] CIN = U63031WB2007PTC112457

Company & Directors' Information:- R S R TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TZ1961PTC000392

Company & Directors' Information:- A & A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63010TN2008PTC070171

Company & Directors' Information:- S P TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059085

Company & Directors' Information:- A B TRANSPORT PRIVATE LIMITED [Active] CIN = U60221RJ2000PTC016701

Company & Directors' Information:- G. G. TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210AS2008PTC008576

Company & Directors' Information:- A P K TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60221TN2005PTC058057

Company & Directors' Information:- S P S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090WB1997PTC085564

Company & Directors' Information:- TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210TN1938PTC003051

Company & Directors' Information:- A G L TRANSPORT PRIVATE LIMITED [Active] CIN = U63090TN2005PTC056306

Company & Directors' Information:- W M TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210DL2001PTC113547

Company & Directors' Information:- B V M TRANSPORT CO. PRIVATE LIMITED [Strike Off] CIN = U00739KA1998PTC024103

Company & Directors' Information:- A O TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U99999MH1960PTC011783

Company & Directors' Information:- M R TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1987PTC042118

Company & Directors' Information:- P P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090DL2003PTC119167

Company & Directors' Information:- D D J TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210PB1996PTC019190

Company & Directors' Information:- M M TRANSPORT PVT LTD [Strike Off] CIN = U60231PB1979PTC004031

Company & Directors' Information:- J P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60231PB1997PTC019652

Company & Directors' Information:- N P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090OR2012PTC015128

Company & Directors' Information:- A N G TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60300MH2013PTC246013

Company & Directors' Information:- L M A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC135727

Company & Directors' Information:- K. G. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301073

Company & Directors' Information:- B S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63040TG2015PTC097190

Company & Directors' Information:- K AND A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60200HP2010PTC031455

Company & Directors' Information:- K. C. TRANSPORT PRIVATE LIMITED [Active] CIN = U63030JK2017PTC009897

Company & Directors' Information:- S N TRANSPORT PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200DL2014PTC264029

Company & Directors' Information:- R J TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63010DL2013PTC248305

Company & Directors' Information:- S. K. T. TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230MP2012PTC028886

Company & Directors' Information:- D C V TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210TZ1960PTC000375

Company & Directors' Information:- P V E TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TN1961PTC004682

Company & Directors' Information:- THE TRANSPORT COMPANY LIMITED [Dissolved] CIN = U99999MH1940PLC010301

    W.P.(MD). Nos. 1340, 1341, 1342 of 2015 & M.P.(MD) No. 1 of 2015

    Decided On, 07 December 2020

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Petitioners: K.S. Muthu, Advocate. For the Respondents: R1, G. Arjunan, Government Advocate, R2 & R3, J. Senthil Kumaraiah, Advocate.



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the impugned charge memo in TNSTC/CORP.Legal/CL1/1998/2012 dated 18.02.2013 issued by the second respondent and quash the same.)1. The charge memo dated 18.02.2013 is under challenge in the present writ petition.2. The writ petitioner was appointed as Engineering Supervisor on 07.08.1973 at the erstwhile Pandian Roadways Corporation Limited and now renamed as 'Tamilnadu State Transport Corporation (Madurai) Ltd. He was promoted to the post of Assistant Manager on 08.02.1976 and as Senior Deputy Manager on 07.04.1993 and subsequently, to the cadre of Manager during July 2006. The petitioner reached the age of Superannuation and retired from the service on 30.11.2007.3. The learned counsel for the petitioner made a submission that the impugned charge memo was issued after a lapse of six years from the date of retirement in proceeding, dated 18.02.2013. Thus, the charge memo itself is liable to be quashed. The learned counsel for the petitioner reiterated that the Tamilnadu Pension Rules is not applicable and no action can be initiated after retirement as far as the Transport officials are concerned. Thus, the writ petition is liable to be allowed.4. The learned counsel for the petitioner relying on the Corporation Employees Conduct Rules stated that there is no Rule to initiate proceedings after retirement and therefore, the charge memo is to be quashed.5. The learned counsel appearing on behalf of the respondents made a submission that the Tamilnadu Pension Rules is adopted by the Transport Corporations in respect of the retired officials. The officials in the managerial cadre are appointed by the Government and the Government salary is fixed for these officials. This apart, the Transport Corporations have adopted the Tamilnadu Pension Rules as far as the retired officials are concerned. Therefore, applying Rule 9 of the Tamilnadu Pension Rules, actions were initiated. It is further stated that the matter was pending before the Vigilance and Anti-Corruption Department.6. The Tamil Nadu State Transport Corporation has a separate pension Rule viz., The Tamil Nadu State Transport Corporation Pension Fund Rules.” In respect of persons against whom departmental action is pending at the time of retirement, those delinquent officers are eligible to get only provisional pension and such provisional pension shall be sanctioned only be adopting the Tamil Nadu Pension Rules. The Senior Deputy Managers/Manager cadre Officers of the State Transport Corporation are being appointed only by Government and their salary is on par with Government Officers as against the Self regulated salary system for the lower grade officers and other employees of the second respondent Corporation. Therefore, in respect of disciplinary action post retirement, the Rules and Regulations applicable to the State Government Staff (i.e) Tamil Nadu Pension Rules is applicable to the writ petitioner. The Rule 9(2) of the Tamil Nadu Pension Rules reads as follows:β€œ9(2)(b) The departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment-(i) shall not be instituted save with the sanction of the Government;(ii) shall not be in respect of any event which took place more than four years before such institution; and(iii) shall be conducted by such authority and in such place as the Government may direct an in accordance with the Procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service.”In the present case, the above said rule has been scrupulously followed and sanction from the Government was obtained to proceed with disciplinary action against the retired officers also by the above Government Letter No.8705/D2/2012, dated 12.12.2012.7. This Court is of the considered opinion that mere pendency of enquiry or investigation is not a ground. The initiation of the disciplinary proceeding is that point to be considered as far as the retired employees are concerned. In the present case, the writ petitioner admittedly retired from the service on 30.11.2007. The impugned charge memo has been issued in proceeding dated 18.02.2013 after a lapse of 6 years from the retirement. Even in case the Tamilnadu Pension Rule is adopted and it is applicable to the retired employees, under 9 of Tamilnadu Pension Rules, 1987, action must be taken within a

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period of 4 years from the date of retirement. In the present case, the charge memo was issued beyond the period of 4 years and under these circumstances, the disciplinary proceeding initiated against the writ petitioner is without jurisdiction and accordingly, the impugned charge memo passed by the second respondent in proceeding No.TNSTC/CORP.Legal/CL1/1998/2012, dated 18.02.2013 is quashed and accordingly, the Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.
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