Madras High Court

WP(MD)/28989/2026 of Anbalagan R Vs The Managing Director on 7 October 2026

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WP(MD) No. 28989 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 07-10-2026

CORAM

THE HON'BLE MR JUSTICE B.PUGALENDHI

WP(MD) No. 28989 of 2026

CNR:{HCMD011427752026}

Anbalagan R

Driver,

Tamil Nadu State Transport Corporation

(Kumbakonam) Ltd.,

Karur Region, Karur

..Petitioner

Vs

1. The Managing Director,

Tamil Nadu State Transport Corporation

(kumbakonam) Ltd.,

Kumbakonam.

2. The General Manager,

Tamil Nadu State Transport Corporation

(kumbakonam) Ltd.,

Karur Region,

Karur.

..Respondents

PRAYER: S-13. Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of CERTIORARIFIED

MANDAMUS, calling for the records connected with the Impugned Order passed by the 2nd respondent in Parvai. TNSTC/KRR/DS-2290/MIA

O3/D1-8517/2023 dated 09.08.2023 and quash the same and consequently __________

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WP(MD) No. 28989 of 2026

direct the respondents to drop the punishment of 2 years Increment cut with cumulative effect in terms of Clause 61 of 12 (3) settlement dated 30.9.1992 and also in terms of Clause 19 of the 12(3) settlement dated 06.02.2008 and to Re-Credit 5 days suspension period by treating the period as Duty Period and to Refund the 2 years Increment amount already recovered from the petitioner and to settle the consequential monetary and service Benefits and to pass such further or other orders as this Honble Court may deem fit and proper in the facts and circumstances of this case and thus render Justice.

For Petitioner

:Mr.S.Govindan

For Respondents

:Mr.S.C.Herold Singh

Standing Counsel

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O R D E R

Challenging the order of punishment, the petitioner, a driver of the respondent Corporation has filed this writ petition.

2. The learned counsel appearing for the petitioner submits that the petitioner was issued with a charge memo alleging that he has caused damage to the bus, which costs Rs.28,458/-. After conducting an enquiry, the petitioner was imposed with a punishment of increment cut with cumulative effect, by order, dated 09.08.2023. The petitioner claims that __________

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WP(MD) No. 28989 of 2026 instead of levying damage on the petitioner as per 12(3) settlement, the respondents have imposed punishment on him. Therefore, the order of punishment is liable to be quashed.

3. Mr.S.C.Herold Singh, learned Standing Counsel, who takes notice for the respondents submits that without invoking the available appeal remedy, the petitioner has filed this writ petition and therefore, it has to be dismissed.

4. This Court considered the rival submissions made and also perused the materials placed on record.

5. The petitioner, a driver of the respondent Corporation has met with an accident, while he was on duty. Therefore, he was issued with a charge memo and after conducting an enquiry, by affording sufficient opportunity to this petitioner, a decision has been taken by the respondents. The petitioner claims that there was no fatal in the alleged accident. Instead of levying damages as per the 12(3) settlement, __________

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WP(MD) No. 28989 of 2026 punishment of increment cut with cumulative effect for two years has been imposed and therefore, it has to be quashed. On the side of the respondents, it is contended that without exhausting the appeal remedy, the petitioner has straight away approached this Court.

6. As rightly contended by the learned Standing Counsel, the petitioner has approached this Court without exhausting the appeal remedy and therefore, this Court is not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed, with liberty to the petitioner to file an appeal before the Appellate Authority, within a period of four weeks from the date of receipt of a copy of this order. In the event, if any such appeal is filed within a period of four weeks, the Managing Director, Tamil Nadu State Transport Corporation (kumbakonam) Ltd.,/ the first respondent shall consider the appeal, without insisting on limitation. No costs. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vrn __________

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WP(MD) No. 28989 of 2026 To

1. The Managing Director Tamil Nadu State Transport Corporation (kumbakonam) Ltd. Kumbakonam

2. The General Manager Tamil Nadu State Transport Corporation (kumbakonam) Ltd. Karur Region Karur __________

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WP(MD) No. 28989 of 2026 B.PUGALENDHI, J. vrn Order made in WP(MD) No. 28989 of 2026 07.10.2026 __________

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