1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Appeal(MD)No.597 of 2011 J.Manuel Marianathan ..Appellant/Petitioner Vs. 1.The General Manager, Tamil Nadu State Express Transport Corporation Ltd., Chennai-2. 2.The Branch Manager, Tamil Nadu State Express Transport Corporation Ltd., Tirunelveli-2. ..Respondents/Respondents Writ Appeal filed under Clause 15 of Letters Patent against the order dated 17.06.2011 of this Hon'ble Court passed in W.P.No.3578 of 2011 filed under Article 226 of the Constitution of India praying for a Writ of Certiorari to call for the records pertaining to the order of punishment of Suspension passed by the Second Respondent n his proceedings in Ku.No.0734/Thi.2/A.Vi.Po.Ka.Nellai 2011 dated 17.03.2011 and quash the same. For Appellant : Mr.T.A.Ebenezer O R D E R (Order of the Court was made by M.M.SUNDRESH, J.) This writ appeal has been filed challenging the order of dismissal passed by the learned Single Judge in W.P.(MD)No.3578 of 2011 on 17.06.2011 on the ground that the order of suspension has expired long time back. 2.Learned counsel for the appellant submitted that the impugned order passed by the second respondent is one of punishment. https://hcservices.ecourts.gov.in/hcservices/ 2 3.After going through the order passed, we are of the considered view that the impugned suspension has been passed pending the enquiry. It is not the case of the appellant that the second respondent does not have any power or jurisdiction in passing the order. 4.Inasmuch as the order of suspension which has been impugned before us is only pending enquiry, we do not find any reason to hold that it is punitive in nature. Therefore, the writ appeal is dismissed by holding that the order impugned is only an administrative action taken in pursuance of the enquiry contemplated against the appellant. Consequently, M.P.(MD)No.1 of 2011 is closed. No costs. KM Sd/- Assistant Registrar[T&P] /True copy/ Sub Assistant Registrar To 1.The General Manager, Tamil Nadu State Express Transport Corporation Ltd., Chennai-2. 2.The Branch Manager, Tamil Nadu State Express Transport Corporation Ltd., Tirunelveli-2. W.A.(MD)No.597 of 2011 Dated:04.07.2011 2P/3C RPB 12.07.2011 https://hcservices.ecourts.gov.in/hcservices/