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2022 Supreme(Mad) 3135

S. M. SUBRAMANIAM
P. Rajendran – Appellant
Versus
Tami Nadu State Transport Corporation Represented by its General Manager, Villupuram – Respondent


Advocates appeared:
For the Petitioner:Sunny, V. Raghavachari, Advocates. For the Respondents:M. Ashwin, Advocate.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records in K.Ku.No.27590/VTHA/TANA (V)/2014 dated 30.10.2014, on the file of the second respondent and quash the same as illegal, incompetent, unconstitutional and without jurisdiction. )

1. The order of recovery issued to make-up the financial loss to the Transport Corporation in proceedings dated 30.10.2014, is under challenge in the present writ petition.

2. The writ petitioner was appointed as Conductor in the respondents / Transport Corporation. He was allotted work in a Bus No.281/S, Vehicle No. TN32 N 3695 of Tamil Nadu State Transport Corporation (TNSTC). The bus halted at Kallakurchi Bus depot. The petitioner left his bag in the bus and went to time keepers' room to record the arrival of the Bus and also to attend to the call of nature. When he returned back to the bus, he found that the bag was missing and thereafter, he registered a complaint in CSR No.311 of 2014. The case was investigated and a Non-traceable Certificate was issued by the Police.

3. Regarding loss of the ticket, the Transport Corporation assessed the value and accordingl

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