P.SANGILIPANDI Vs. GENERAL MANAGER

JUDGEMENT

(1.) The order of punishment dtd. 18/7/2018 is under challenge in the present writ petition.

(2.) The petitioner is working as a Driver in Tamil Nadu State Transport Corporation(Kumbakonam) Limited. On account of an accident occurred, a criminal case was registered against the writ petitioner. Subsequently, disciplinary proceedings were also initiated. The petitioner was acquitted in the criminal case on the ground of benefit of doubt. However, departmental disciplinary proceedings were contined, as there is no bar in the continuance of the departmental disciplinary proceedings even in case of acquittal by the Criminal Court of Law. The departmental disciplinary proceedings ended with an order of punishment of stoppage of increment for 2 years with cumulative effect. The said original order passed by the disciplinary authority is under challenge in the present writ petition.

(3.) The petitioner, admittedly, working as a workman governed under Sec. 12(3) of the Industrial Disputes Act. The service conditions are governed under the settlement and in the event of any violation or otherwise, the petitioner has to approach the jurisdiction labour Court for resolving the issue. Further, such issues are to be adjudicated with reference to the documents and evidence.