w w w . L a w y e r S e r v i c e s . i n



V. Manoharan v/s The Deputy Manager, Central Establishment Section, Tamil Nadu State Transport Corporation Limited, Dindigul & Another


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:- THE CENTRAL TRANSPORT COMPANY LIMITED [Strike Off] CIN = U99999MH1949PLC010442

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:- CENTRAL TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63010MH1986PTC039500

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). No. 3718 of 2015 & MP(MD) No. 1 of 2015

    Decided On, 09 December 2020

    At, Before the Madurai Bench of Madras High Court

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

    For the Petitioner: R. Suriyanarayanan, Advocate. For the Respondents: J. Senthilkumaraiah, Standing Counsel.



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari Mandamus, to call for the records relating with the office memo, dated 03.03.2015 in Ma.Ni.Pi/E7/Special, issued by the first respondent and quash the same as illegal.)1. The office memo, dated 03.03.2015, issued by the first respondent is sought to be quashed in the present writ petition.2. The writ petitioner was appointed as a Driver in the erstwhile Pandian Roadways Corporation and caused an accident. The respondents Corporation initiated disciplinary proceedings against the petitioner and an order of punishment was issued in proceedings, dated 30.08.2014, imposing the punishment of stoppage of increment for three years with cumulative effect. Accordingly, the order of suspension was revoked and he was reinstated and was served in the respondents corporation. The petitioner retired from service on 31.03.2016. The impugned order stated that the punishment of stoppage of increment for three year with cumulative effect is to be implemented and in leave of that the amount equivalent to stoppage of increment for three years with cumulative effect is to be deducted from the benefits. The petitioner challenged the said order.3. The learned counsel for the petitioner made a submission that the punishment order was passed on 30.08.2014 and the punishment was already implemented. Therefore, the present order implementing the punishment second time is impermissible. It is further contended that the terminal and pensionary benefits of the petitioner is yet to be settled.4. The learned Standing Counsel appearing on behalf of the respondents made a submission that the punishment imposed on 30.08.2014 was not implemented. In view of the fact that the petitioner was retired on 31.03.2016, the amount of punishment is calculated and sought to be recovered from the benefits. Thus, there is no infirmity in the order impugned and accordingly, the writ petition is to be dismissed.5. This Court is of the considered opinion that there is no dispute regarding the order of punishment imposed in proceedings, dated 30.08.2014. The said order of punishment became final. The punishment of stoppage of increment for three years with cumulative effect was imposed. Thus, the said punishment is to be calculated in terms of money and the said amount is to be recovered from the writ petitioner. However, the punishment was not implemented immediately, after passing of the order and therefore, the respondents have calculated the punishment amount and issued an order in proceedings, dated 03.03.2015. The learned counsel for the petitioner was not aware of the writ petition filed by the same writ petitioner in W.P.(MD)No.21362 of 2017. Pursuant to the said writ petition filed by the petitioner, the terminal and pensionary benefits were settled withholding the amount of punishment as per the impugned proceedings, dated 03.03.2015. The contention of the petitioner is incorrect. Recording the statement, the punishment was already implemented. In fact, the punishment was not implemented pursuant to the orders, dated 30.08.2014 and therefore, there is no impediment for the respondents to recover the pun

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ishment amount as per the order of punishment, dated 30.08.2014.6. This being the factum, no further consideration is required as the petitioner has not established any acceptable ground for the purpose of considering the relief as such sought for. Thus, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
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