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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE SHAMIM AHMED
K.Rajendran, S/o.Karuppaiya – Appellant
Versus
Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited – Respondent
ORDER :
Shamim Ahmed, J.
1. This Writ Petition has been filed, under the Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records, relating to the order passed by the 1st Respondent in TNSTC/TS/T3/16/19, dated 20.11.2020, confirming the order passed by the 2nd Respondent, dated 15.06.2020 in TNSTC/TST3/16/19 and to quash the same as illegal and consequently, directing the Respondents to restore the Petitioner's salary prior to the impugned order, passed by the 2nd Respondent, dated 15.06.2020, with all consequential benefits.
2. The facts of the case, in a nutshell, led to filing of this Writ Petition and necessary for disposal of same, are as follows:-
a) The Petitioner was appointed as a Bus Conductor in the Respondent Corporation on 01.01.1992 and his service was regularized in the year 1994. The Respondent Corporation issued a charge memo, dated 06.07.2019, against the Petitioner, stating that on 05.07.2019, when he was discharging his duty as a Bus Conductor, at the Route Muthukulathur-Veeracholan in the Bus, bearing Reg.No.TN-63-N-1503, he, after receiving Rs.20/- from a passenger, who travelled from Muthukulathur to Vallakulam
Disciplinary actions against employees must comply with natural justice principles and prescribed penalties; multiple punishments for the same act are illegal.
Disciplinary actions must adhere to principles of natural justice and prescribed regulations; imposing unauthorized punishments is unlawful.
The court can modify disciplinary actions when found disproportionate to the proven misconduct.
Disciplinary action against an employee must be based on enumerated misconduct; failure to issue correct tickets constitutes valid grounds for penalty.
The court found the punishment imposed on the petitioner to be shockingly disproportionate, emphasizing the necessity for procedural fairness and continuity of service after wrongful termination.
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