S SIVAGNANAM Vs. METROPOLITAN TRANSPORT CORPORATION

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the respondents.

(2.) THE Writ Petition is directed against the show cause notice issued to the petitioner dated 18.2.2003 by the 2nd respondent proposing to impose the punishment of dismissal from service.

(3.) IN this Writ Petition filed by the Driver, a specific stand has been taken by the petitioner as submitted by the learned counsel for the petitioner that in respect of the incident, when the matter was brought to the floor of the assembly, the Chief Minister has made a statement that it was only the Conductor, who has greeted the Mayor and there was no reference about the petitioner at all even by the Chief Minister on the floor of the Assembly. While so, especially in the circumstances that the Conductor who is said to have greeted the Mayor has been reinstated in service, there is absolutely no reason to proceed against the petitioner, who has admittedly not involved in the said charge as seen in the statement made by the Chief Minister on the floor of the Assembly. I find force in the contention of the learned counsel for the petitioner taking note of the fact that the Conductor has been reinstated as admitted by the learned counsel for the Corporation. I am of the considered view that no useful purpose will be served in proceeding against the petitioner, who is the Driver against whom on the face of it, there is no enforceable charge.