1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13062 of 2011 and M.P.(MD)No.1 of 2011 S.Sakthi Saravanan .. Petitioner Vs. 1. Tamilnadu State Transport Corporation (Tirunelveli) Ltd., Represented by its General Manager, Vannarpettai, Tirunelveli District. 2. Tamilnadu State Transport Corporation, (Tirunelveli) Limited, represented by its Branch Manager, Thiruchendur Branch, Thiruchendur. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to call for the records of the first respondent in vz; D.4262/r7/ jmBghf/jpyp/2011 dated 23.02.2011 and quash the same and direct the respondents to permit the petitioner to discharge his driver duty in the second respondent branch pending disposal of the departmental proceedings in vz 4262;/rl;lk; 7/jmBghf/jpyp 2011 dated 08.03.2011 within the stipulated period. For Petitioner : Mr.A.Haja Mohideen ***** O R D E R This Writ Petition has been filed by the petitioner S.Sakthi Saravanan under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus to call for the records of the first respondent in vz; D.4262/r7/jmBghf/jpyp/2011 dated 23.02.2011 and quash the same and direct the respondents to permit the petitioner to discharge his driver duty in the second respondent branch pending disposal of the departmental proceedings in vz; D.4262/rl;lk; 7/jmBghf/jpyp/2011 dated 08.03.2011 within the stipulated period. 2. Heard the learned Counsel for the petitioner. 3. The petitioner has come to this Court challenging the order of suspension dated 23.02.2011. The petitioner met with an accident on 19.02.2011, while he was driving the vehicle bearing Registration No.TN- 72-N-0964 from Tirunelveli to Thiruchendur in a moderate speed. But, however, one Thavasupaul from Nathakulam Village in a drunken mood came https://hcservices.ecourts.gov.in/hcservices/ 2 from his two wheeler in a high speed and suddenly entered the highway from the left side of the road. Due to the wrong side entry of the two wheeler, the accident took place. As a result, the two wheeler rider died on the way to hospital, even though he was taken to the hospital by the 108 ambulance. In view of the accident, a criminal case was also registered in Cr.No.51 of 2011 under Section 304(A) I.P.C. Consequently, the first respondent the General Manager of Tamil Nadu State Transport Corporation, Vannarpettai, Tirunelveli District issued the impugned suspension order suspending the petitioner from service from 23.02.2011 mentioning the reason that the petitioner has caused the fatal accident. Aggrieved against the said order, the petitioner has come before this Court, challenging the correctness of the impugned suspension order. 4. In the meanwhile, the petitioner has been issued with charge memo dated 08.03.2011 under the Standing Order 16(18), 16(13) and 16(14). But the petitioner has not even made his representation to the first respondent to revoke the suspension order and ironically, he has straight away come to this Court, hence, this Court as a Rule of discretion, cannot entertain the writ petition, since the writ petition is a defective and non-maintainable for the reason that he has not filed his representation to the Respondent, so as to complain inaction of the Respondent. However, the petitioner is given liberty to move an appropriate application to the Respondents. 5. With these observations, the writ petition is dismissed. Consequently, the connected miscellaneous petition is also closed. No costs. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar To 1. The General Manager, Tamilnadu State Transport Corporation (Tirunelveli) Ltd., Vannarpettai, Tirunelveli District. 2. The Branch Manager, Tamilnadu State Transport Corporation (Tirunelveli) Limited, Thiruchendur Branch, Thiruchendur. + 1 cc to Mr.A.Haja Mohideen, Advocate, SR No.40205 W.P(MD)No.13062 of 2011 and M.P.(MD)No.1 of 2011 17.11.2011 ssl RJ/2.1.12 2p/4c https://hcservices.ecourts.gov.in/hcservices/