IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.11.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.35025 of 2004 V.Veeraraghavan. ... Petitioner vs. 1.The Managing Director, State Express Transport Corporation Ltd., Thiruvalluvar House, Pallavan Salai, Chennai-2. 2.The Chairman, State Express Transport Corporation Ltd., (Commissioner & Secretary to Government, Transport Department, Chennai-9). 3.The Board of Directors, represented by The Managing Director, State Express Transport Corporation Ltd., Pallavan Salai, Chennai-2. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the respondents in connection with the orders passed by them in Proc.No.57190/F4/TTC/84 dated 8.3.85; Proc.No.55/CHO/2004 dated 3.3.2004 and Order No.175/31464/DL6/SETC/2004 dated 30.9.2004 respectively and quash the same and direct the respondents to reinstate the petitioner in service with all monetary and service benefits. For Petitioner : Mr.K.Sanjay for Mr.R.Singaravelan For Respondents : Mrs.Kala Ramesh for R1 : No appearance for R2 and R3 https://hcservices.ecourts.gov.in/hcservices/ O R D E R This Writ Petition is filed to issue a Writ of Certiorarified Mandamus, calling for the records of the respondents in connection with the orders passed by them in Proc.No.57190/F4/TTC/84 dated 8.3.85; Proc.No.55/CHO/2004 dated 3.3.2004 and Order No.175/31464/DL6/SETC/2004 dated 30.9.2004 respectively and quash the same and direct the respondents to reinstate the petitioner in service with all monetary and service benefits. 2. The petitioner, in this case, is a Junior Assistant who has been dismissed from service consequent to the disciplinary proceedings initiated by the first respondent transport corporation in Proc.No.57190/F4/TTC/84 dated 8.3.1985. In Writ Appeal No.2293 of 2003, this court by order dated 16.7.2003 directed the second respondent, the Chairman of the transport corporation to hear the appeal filed by the petitioner and dispose off the same within a period of two months from the date of receipt of a copy of the order. The second respondent, the Chairman of the transport corporation by order dated 3.3.2004 in Proceedings No.55/ChO/2004 upheld the order of the first respondent, the Managing Director of the transport corporation and rejected the appeal granting liberty to the petitioner to prefer an appeal before the Board of Directors of State Express Transport Corporation within two months from the date of receipt of a copy of the order. Accordingly, an appeal was filed to the Board of Directors on 28.4.2004. Petitioner also made a representation dated 3.5.2004 to the first respondent Managing Director to impress upon the Board to hear his appeal for appropriate relief. The third respondent Board of the transport Corporation took up the matter and passed a detailed order dated 30.9.2004 in Order No.175/31464/DL6/SETC/2004. The Board went into the merits of the claim of the petitioner and held as follows:- "In view of the above facts, the Board of Directors do not see any valid reasons to interfere in the order already passed by the Managing Director of the Corporation dismissing him from the services of the Corporation. Therefore, his appeal requesting for reinstatement is rejected by the Board." The present writ petition is filed challenging the above said three orders passed by the respondents 1 to 3 respectively. 3. The main grievance of the petitioner in this case is that the Board had acted at the behest of the Chairman who already rejected the appeal. It is stated that the Board, which consisted the Chairman at the helm of affairs, was sitting in appeal over the https://hcservices.ecourts.gov.in/hcservices/ decision of the Chairman who had already rejected the petitioner's appeal and therefore, the entire proceeding is vitiated by bias. The Chairman of the transport corporation who already dismissed the appeal should not sit as a Member of the Board in appeal while disposing of the appeal of the petitioner. On the short point, this writ petition is canvassed. 4. Heard Mrs.Kala Ramesh, learned counsel appearing for the first respondent, who stated that there is no provision for appeal against the order of the Chairman to the Board. Though such plea is taken, in the order of the Chairman, a liberty was given to the petitioner to prefer an appeal before the Board of Directors of State Express Transport Corporation, the third respondent herein. Further, the third respondent Board also took up the appeal and disposed off the same by order dated 30.9.2004. In such circumstances, the respondent cannot take a plea that there is no provision for appeal to be heard by the Board. 5. The plea of bias raised by the petitioner on the participation of the Chairman in the proceedings of the Board, is justified as the Chairman who heads the Board cannot review his own order. The order of the Board, deserves to be set aside on this short ground. Accordingly, the impugned order passed by the third respondent Board is set aside and the matter is remitted to the third respondent Board for rehearing on merits within a period of four weeks from the date of receipt of a copy of this order. 6. The learned counsel for the first respondent stated that the Chairman, who passed the order has already retired from service and there will be no impediment for the present Board to rehear and dispose off the appeal on merits. Such statement made by the first respondent's counsel is recorded and accordingly the direction is issued. Insofar as the merits of the appeal is concerned, this Court has not expressed any view. The Board is at liberty to decide the matter on its own merits. The Writ Petition is ordered as above. No order as to costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts https://hcservices.ecourts.gov.in/hcservices/ To 1. The Managing Director, State Express Transport Corporation Ltd., Thiruvalluvar House, Pallavan Salai, Chennai-2. 2. The Chairman, State Express Transport Corporation Ltd., (Commissioner & Secretary to Government, Transport Department, Chennai-9). 3. The Managing Director, State Express Transport Corporation Ltd., Pallavan Salai, Chennai-2. + 1 cc to Mr.KALARAMESH, ADVOCATE, SR 64942 + 1 cc to Mr.K.Sanjay, Advocate, SR 64914 Order in W.P.No.35025 of 2004 LA (CO) RH (15.12.09) https://hcservices.ecourts.gov.in/hcservices/