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2010 Supreme(Mad) 5169

K.CHANDRU
A. P. Elamvaluthi – Appellant
Versus
The Managing Director The Tamilnadu State Transport Corporation (Coimbatore) Ltd. Corporate Office Coimbatore & Another – Respondent


Advocates Appeared:
For the Petitioner:R. Murugesan, Advocate.
For the Respondents: T. Chandrasekar, Spl. G.P.

Judgment :-

The petitioner is working as a Driver in the Transport Corporation. He was charge sheeted and after conducting of an enquiry and after giving opportunity on the enquiry officers report, the petitioner was issued with a second show cause notice dated 7.12.2009. The petitioner has come forward to challenge the said show cause notice.

2. The contention raised by the petitioner was that when the second show cause notice mentioned about various past conduct, he was not put on notice about it at the time of issuance of the charge memo itself.

3. The requirement to refer to the past conduct of workman under the respondent Transport Corporation flows from Standing Order No.17(5) of the Model Standing orders. Therefore, after holding the petitioner guilty of a misconduct and before inflicting with the punishment, the management must take into account past conducts before inflicting with the punishment proposed therein. It is for the petitioner to submit his explanation and convince the authorities that neither the existing charges are not proved or in any event his past conduct was not so serious to be considered for imposing a punishment for the proved misconduct for which the











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