K.Shanmugam v. The Managing Director

ORDER The petitioner has come forward to challenge the punishment imposed on him by an order dated 06.06.2018 by filing the present writ petition.

¶2By virtue of the impugned order, the petitioner's annual increment was deferred for a period of three years with cumulative effect. The punishment was imposed on account of the fact that while on duty on 28.08.2017, on account of his rash and negligent driving, a 70 year old man who was crossing the road was hit, as a result of which, he had died on spot. The petitioner was placed under suspension and a FIR was registered in Crime No.213 of 2017 by Mandarakuppam Police. Ultimately, further action was dropped on 10.07.2023. The charge memo, in the meanwhile had been issued on 01.09.2017 alleging negligence under Standing Order 20, (13, 26(A) & E).

¶3The petitioner had submitted an explanation denying the allegation. An enquiry was conducted and the Enquiry Officer held that the charges had been partly proved and that negligence under Standing Order 20, (13, 26(A) & E) has to be proved. The respondent management thereafter, conducted a domestic enquiry in which the petitioner had participated and ultimately, the impugned order was passed. This order is now challenged by filing of this writ petition. Page3 of 4

¶4Heard the learned counsel on either side and perused the materials available on record.

¶5There is absolutely no reason given in the affidavit filed in support of this writ petition as to why the petitioner has not challenged the said impugned order earlier. That apart, it is also seen that the action against the petitioner had been dropped and the period of punishment has also come to an end and at this juncture, the petitioner wants to quash the impugned order.

¶6Considering the fact that the petitioner had approached this Court after considerable period of time and has not explained the reason for the delay, this Court does not find any reason to interfere with the impugned order. Accordingly, this writ petition stands dismissed. Consequently, connected miscellaneous petition stands closed. No costs. 11-03-2026 Index: Yes/No Speaking/Non-speaking order ssa Page4 of 4

P.T.ASHA, J. ssa To

1.The Managing Director Tamil Nadu State Transport corporation (Villupuram ) Limited, No. 3/137 Salamedu, Vazhathareddy, Villupuram 605 602.

2.The General Manager Tamil Nadu State Transport corporation (Villupuram ) Limited , Cuddalore region, Cuddalore. 11-03-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and WMP No.7133 of 2026 K.Shanmugam S/o.Kaliya perumal, North Senni Naththam, Sethiya Thoppu, Bhuvanagiri Taluk, Cuddalore 608 702 ..Petitioner(s) Vs 1. The Managing Director Tamil Nadu State Transport corporation (Villupuram ) Limited, No. 3/137 Salamedu, Vazhathareddy, Villupuram 605 602. 2. The General Manager Tamil Nadu State Transport corporation (Villupuram ) Limited , Cuddalore region, Cuddalore. ..Respondent(s) PRAYER: Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned order dated 6.06.2018 in Ka.Ku.No. 107/ 8107/ D2/ TNSTC/ KAMA/ 2017 and quash the same and consequently direct the respondents to treat the suspension period as duty with full wages, restore the deferred increments with all consequential benefits. For Petitioner(s): Mr.S.Sakthivel For Respondent(s): Ms.S.Pavithra, TNSTC, SC Page2 of 4