1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2011 CORAM THE HONOURABLE MR.JUSTICE V.DHANAPALAN Writ Petition (MD).No.2481 of 2011 & M.P.(MD).Nos.1 & 2 of 2011 C.Panchavarnam : Petitioner Vs. 1.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Madurai Region, Madurai. 2.The General Manager, Tamil Nadu State Transport Corporation Ltd., Madurai Region, Madurai. : Respondents Prayer:- Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus calling for the records relating to impugned order passed by the second respondent in his proceedings ghh;it/xeJ/7/Bk/235, dated 28.01.2010 and quash the same as illegal and consequently to direct the respondents herein to settle the entire amount to the petitioner for stoppage of increment with cumulative effect. For Petitioner : Mr.Jameel Arasu For Respondents : Mr.S.Baskaran ORDER By consent, the writ petition itself is taken up for final disposal at the admission stage. 2. Mr.S.Baskaran, learned counsel appearing for respondents takes notice. 3. The petitioner challenged the order of punishment of stoppage of increment for a period of six months with cumulative effect passed by the second respondent in proceedings No. ghh;it/xeJ/7/Bk/235, dated 28.01.2010, seeking to quash the same and for a consequential direction to the respondents to settle the entire stoppage amount to him, the petitioner is before this Court. 4. The petitioner is a conductor working in the Tamil Nadu State Transport Corporation limited, Madurai Region and he was issued with a charge memo on 26.09.2007 and an enquiry was conducted for the allegation that on 04.07.2005 while the petitioner was in service, the bus bearing Registration No.58 N 0158 met with an accident and https://hcservices.ecourts.gov.in/hcservices/ 2 the same was not informed to the respondent corporation. Over the incident, a criminal case has been registered in Cr.No.955 of 2005. The petitioner claims that after 1 1/2 years of the incident, the respondents have proceeded to implicate him in a charge belatedly and thereafter, an enqiry officer was appointed and the petitioner has also submitted his explanation. Thereafter, the enquiry officer submitted a report, based on which the second respondent has imposed the punishment of stoppage of increment for a period of six months with cumulative effect. Against which, the petitioner preferred an appeal to the first respondent on 16.02.2010. Pending consideration of the same, the petitioner moved this Court challenging the order of punishment. 5. Though the petitioner contested the punishment on the ground of his non-involvement in the said accident, the same has been represented to the appellate authority in the above appeal. Since the appeal remedy is a statutory and an efficacious alternative remedy and after availing the same, the petitioner cannot choose simultaneous proceedings by challenging the order of punishment before this Court. Therefore, the learned counsel for the petitioner after his exhaustive arguments has pleaded before this Court that the appeal of the petitioner, dated 16.02.2010 may be directed to be disposed of in accordance with law. 6. In that view of the matter, as the petitioner has availed the appeal remedy and the same is pending before the first respondent, without adverting into the merits of the case, it is suffice to direct the first respondent to consider the appeal of the petitioner dated 16.02.2010 and pass appropriate orders, in accordance with law and on merits, after affording an opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Madurai Region, Madurai. 2.The General Manager, Tamil Nau State Transport Corporation Ltd., Madurai Region, Madurai. +1 CC to Mr.S.Baskaran, Advocate (SR.No.11250) Order made in Writ Petition (MD).No.2481 of 2011 & M.P.(MD).Nos.1 & 2 of 2011 jikr 03.03.2011 NSV/24.3.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/