IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 09.12.2025 Pronounced on : 12.12.2025 CORAM THE HON'BLE MR. JUSTICE T. VINOD KUMAR W .P. N o. 2305 of 20 19 and W.M.P. No. 2546 of 2019 M. Prabu … Petitioner Versus

1.Metropolitan Transport Corporation Ltd., Rep., by its Managing Director, Pallavan Salai, Chennai – 2.

2.The Senior Deputy Manager (HRD), Metropolitan Transport Corporation Ltd., Pallavan Illam, Chennai – 2. … Respondents Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of declaration, to declare the action of the respondents in placing the petitioner under suspension from 08.10.2018 to 02.11.2018 and making recovery of a sum of Rs.24,363/- toward the fare value of the tickets which were lost due to theft on 06.10.2018 and consequently direct the respondents to treat the period from 08.10.2018 to 02.11.2018 as duty with pay for all purposes and to refund the amount of Rs.6,091/- which was deducted from his December 2018 month salary and not to make any further recovery towards fare value of the tickets lost due to the theft on 06.10.2018, award costs and thus render justice.

For Petitioner(s): Ms. H. Nandhini for Mr. Ajaykhose For Respondent(s): Mr. R. Balaji, Standing Counsel

O R D E R

Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents and perused the record.

2. The case of the petitioner, in brief, is that while working as a Conductor, the 2^nd respondent placed him under suspension by order dated 15.10.2018 for having lost the ticket issuing machine and ticket books on 06.10.2018; and that on submitting representation on 30.10.2018, the 1^st respondent revoked his suspension on 02.11.2018.

2.1. It is the further case of the petitioner that while discharging his duties on 06.10.2018, he had kept the ticket issuing machine and the ticket books / bundle on the dashboard of the bus in which he was assigned to perform his duties as Conductor; that at about 10.50 a.m., he went to the time office to record the departure from the Tiruvanmiyur bus stand; that after returning to the bus, he noticed that somebody had stolen the ticket issuing machine and the ticket books / bundle; and that he immediately reported the aforesaid incident to the Branch Manager and also made a complaint with the Tiruvanmiyur Police Station on 06.10.2018, for which the concerned authorities issued a CSR receipt on 07.10.2018.

2.2. It is the further case of the petitioner that the ticket issuing machine, which was stolen from the bus when the petitioner had disembarked to report the departure time at the time office, was recovered subsequently on 21.11.2018; and that despite having recovered the lost property, the respondents have deducted a sum of Rs.6,091/- from his salary payable for the month of December 2018 as the first instalment and the balance amount to be recovered is shown as Rs.18,272/-, in three equal instalments.

2.3. The petitioner contends that as per the settlement arrived at under Section 12(3) of the Industrial Dispute Act in the year 1995 no recovery shall be made from Conductors when the ticket books are lost due to accident, theft or robbery, provided a complaint is given to the police in this regard; that since, he had lodged a complaint with the police immediately regarding the aforesaid items i.e., the ticket issuing machine and the ticket books, being stolen, the respondents could not and ought not to have recovered the amount of Rs.6,091/- from his salary for the month of December 2018 and also could not have propose to recover the balance amount of Rs.18,263/- in three equal instalments, in all totalling Rs.24,363/-.

2.4. The petitioner further contended that the action of the respondents in seeking to recover the aforesaid amount without issuing any notice to the petitioner and without conducting any enquiry is in violation of the principles of natural justice. Contending as above, the petitioner seeks for a declaration that the period o