1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16/8/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR W.P.(MD)No.9138 of 2011 and MP(MD)No.1 of 2011 Ramachandran ... Petitioner Vs 1. The General Manager Tamil Nadu State Transport Corporation (Tirunelveli) Ltd Nagercoil Kanyakumari District. 2. Tamil Nadu State Transport Corporation (Tirunelveli) Ltd rep. By its Managing Director Tirunelveli. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records relating to the proceedings of the first respondent in 7200/A2/TNSTC (TNY)/Nager/2010 dated 6/7/2011 and to quash the same insofar as it fails to include the name of the petitioner in the list of persons promoted to the post of checking Inspector and consequently direct the respondents to include the name of the petitioner in the appropriate place in the said list with all consequential benefits. For petitioner ... Mr.V.Kannan For respondents... Mr.T.S.Mohammed Mohideen, AGP O R D E R Seeking to quash the proceedings dated 6/7/2011 of the General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Kanyakumari District, in so far as, it has not included the name of the petitioner, for promotion to the post of Checking Inspector and for a consequential prayer to the respondents to include his name, at the appropriate place, the petitioner has come forward with the present writ petition. 2. Pleadings disclose that the petitioner is a Conductor. A charge memorandum dated 21/4/2010 has been issued, by the General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., https://hcservices.ecourts.gov.in/hcservices/ 2 Nagercoil Region, for violation of standing orders of the Corporation. The charge reads that, while he was on duty as a Conductor in a bus bearing Registration No.TN74N-7967 bound for Tuticorin to Nagercoil and when the driver was on his wheels, near a speed breaker, a girl student, while attempting to alight, slipped and fell on the road. She sustained injuries. As the driver as well as the Conductor, did not stop the vehicle, the public, after chasing the bus, assaulted the driver. A complaint has been received alleging that the crew was responsible, for the accident. On that basis, departmental proceedings have been initiated against the petitioner. Material on record further discloses that when departmental proceedings were pending, an order of promotion dated 6/11/2011, has been passed, to 14 Conductors. 3. Material on record further discloses that, in response to the departmental proceedings, the petitioner has submitted his explanation on 16/7/2010 and 20/8/2010 respectively. After several adjournments, enquiry has been conducted on 13/4/2010 and 16/4/2010. The enquiry Officer has submitted his report. After considering the finding recorded, a show cause notice dated 19/7/2011 has been issued by the General Manager, Tamil Nadu State Transpot Corporation (Tirunelveli) Ltd., calling for explanation regarding the proposed penalty. At this juncture, the petitioner has come forward to file the present writ petition. 4. Section 134 of the Motor Vehicles Act, 1988 enjoins a duty on the driver and other persons in charge of the vehicle, in case of an accident and injury to a person, which reads as follows:- "134. Duty of driver in case of accident and injury to a person:- When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall a. unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities, unless the injured person or his guardian, in case he is a minor, desires otherwise: https://hcservices.ecourts.gov.in/hcservices/ 3 b. give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure medical attention as required under clause (a), at the nearest Police station as soon as possible, and in any case within twenty-four hours of the occurrence; c. ---- (i). ---- (ii). Date, time and place of accident; (iii). Particulars of the persons injured or killed in the accident; (iv). Name of the driver and the particulars of his driving licence: Explanation – For the purposes of this section, the expression "driver" includes the owner of the vehicle. 5. While the order is being dictated, the learned counsel appearing for the petitioner interrupted, stating that, it is not the allegation that the crew had committed any misconduct with reference to the above said provision. To address the abovesaid contention, it is necessary to reproduce the statement of allegations and the charge memorandum. g[fhhpd; RUf;fk ; /; 22/8/2009 md;W ngUe;J vz;/ w;wp/vd;/74- vd;/0795. jlk; vz;/570-gp jpU nf/ n$hjpyp';fk; Xl;Ldh;. ,ogp vz;/9900 jpU tp/ uhkr;re ;jpud;. elj;Jdh; ,ogp vz;/5610 ehfh;nfhtpypypUe;J J} j;Jf ;Fo eilapy; Rkhh; 12/45 kzp mstpy; gujth; cthp ChpYs;s ntfj;jilapy; ngUe;ij ntfk; Fiwj;J ftdf;Fiwthf bry;Yk; nghJ ngUe;jpd; cs;ns epd;wpUe;j xU khztp jpObud Kd;gof;fl;L tHpahf btspapy; ,w';fpanghJ gazpia jLf;fhjjhy; epiy jLkhwp rhiyapy; tpGe;J jiyapy; Cikf;fhaKk;. clk;gpy; uj;jf;fhaKk; https://hcservices.ecourts.gov.in/hcservices/ 4 Vw;gl;lJ/ Mdhy; Xl;Ldh;. elj;Jdh; ngUe;ij epWj;jp rk;gtj;ij tprhhpf;fhky; brd;wjpdhy; Mj;jpuk; mile;J Ch; kf;fs ; fhhpy; gpd; bjhlh;e ;J brd;W Xl;Ldiu jhf;fpajhft[k ;. ,e;j tpgj;jpw;F ngUe;jpy; gzpg[hpe;j Xl;LdUk;. elj;JdUk; bghWg;g [ vdt[k ; g[fhh; bgwg;gl;Ls ;sJ/ vdnt f PH ;fhQqk; Fw;wr ;rhl;Lfs; Rkj;jg;gLfpd;wd/ Fw;wr;rhl;Lfs; /; 22/8/2009 md;W ngUe;J vz;/ j/eh/74-vd;/0795 jlk; vz;/570-gp gzpg[hpe;jnghJ ehfh;nfhtpy; ? 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Show cause notice dated 19/7/2011 has been issued calling upon the petitioner to submit his representation on the proposed penalty. 7. In, THE DEPUTY INSPECTOR GENERAL OF POLICE, THANJAVUR RANGE, THANJAVUR AND ANOTHER Vs. V. RANI reported in 2011 (3) CTC – 129, a Full Bench of this Court, held that, it is needless to state that pendency of disciplinary proceedings, is a bar for promotion to a higher post. 8. In view of the decision stated supra and on the above facts and circumstances of this case, this Court is not inclined to https://hcservices.ecourts.gov.in/hcservices/ 5 subscribe the contentions of the writ petitioner, warranting interference with the impugned order. 9. In the result, the writ petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar TO 1. The General Manager Tamil Nadu State Transport Corporation (Tirunelveli) Ltd Nagercoil Kanyakumari District. 2. The Managing Director Tamil Nadu State Transport Corporation (Tirunelveli) Ltd Tirunelveli. W.P.(MD) No.9138 of 2011 and MP(MD)No.1 of 2011 16/8/2011 MVS SMA/23.8.2011/3C/5P https://hcservices.ecourts.gov.in/hcservices/