S. Ilayaraja vs The General Manager, Tamil Nadu State Transport Corporation and The Managing Director, Tamil Nadu State Transport Corporation

G. Rajasuria, J.—This writ petition has been filed to call for the records pertaining to the respondents impugned proceedings in "thaapo/ts/pudukai/t3/737 dated 17.11.08", quash the same and consequently direct the respondents to conduct the Domestic Enquiry against the petitioner afresh by giving a chance to file additional documents on the side of the petitioner.

Heard the learned Counsel for the petitioner and also Mr. P.Thilak Kumar, learned standing counsel for TNSTC, who took notice on behalf of the respondents.

The pith and marrow, the nitty-gritty, the gist and kernel of the case of the petitioner as stood exposited from the affidavit accompanying the writ petition as well as from the representation made by the learned Counsel for the petitioner could succinctly and precisely be set out thus:

The petitioner, being a driver under the Tamil Nadu State Transport Corporation, is facing Departmental Enquiry. It reached the stage of enquiry report having been furnished to him and calling upon him to furnish objections, if any. At this stage, he has chosen to challenge the enquiry report as well as the Departmental Proceedings, on the ground of violation of principles of natural justice.

In this factual matrix, it could rightly be held in view of the trite proposition of law that at this stage, the Court cannot interfere with the departmental proceedings. The petitioner is expected to file his objections, setting out and detailing the reasons as against the enquiry report being accepted by the Disciplinary Authority concerned and thereupon the Disciplinary Authority should give personal hearing to the petitioner and thereafter pass suitable orders. If the petitioner is aggrieved by the final order, then he is at liberty to prefer appeal or seek such other remedies as contemplated under law.

Hence, in these circumstances, the following direction is issued:

Within ten days from the date of receipt of a copy of this order, objections shall be filed by the petitioner before the Disciplinary Auithority concerned and thereupon the Disciplinary Authority shall give personal hearing to the petitioner and pass orders objectively.

With the above said observations and direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.