S. SOMACHANDRASEKARAN Vs. THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (TIRUNELVELI) LTD. AND ORS.

JUDGEMENT

(1.) MR . K. Sathiyasingh, learned Standing Counsel takes notice for the respondents and by consent of both the parties, the main writ petition itself is taken up for final disposal at the stage of admission.

(2.) HEARD the learned Counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

(3.) THE case of the petitioner is that he has been appointed as Conductor in the respondent Corporation on 25.07.2007 and that he was allotted duty in the second respondent office. On 07.04.2015, he was assigned duty in Route No. 572 R, Kanyakumari - Rameswaram service and while returning from Rameswaram to Kanyakumari, the third respondent official conducted a check -up in the bus at Tirunelveli. After the said check -up the petitioner was issued a report stating that Rs. 150/ - only was charged for the luggage of a passenger against its real charge of Rs. 285/ - and therefore, a penalty of Rs. 135/ - was imposed against the petitioner. He further submits that on the particular day, the passenger boarded the bus from Rameswaram to Kanyakumari with two carton boxes. On enquiry, with the petitioner, he stated that one box contains soap and the another one contains sea shells. Thus, the petitioner assessed the same as 15Kg in totality and levied Rs. 50/ - as luggage fare as per the Luggage Rules 15 of the respondent Corporation. Thereafter, since the petitioner had some doubt over the weight of the box containing sea shells, after weighing the same, he came to the conclusion that it was 50 Kg and levied Rs. 100/ -, i.e., 50% of the passenger fare. He further submits that the charges were framed against the petitioner without even affording an opportunity of hearing and followed by it, the first respondent also issued the suspension order dated 14.04.2015. Aggrieved by the same, the petitioner is before this Court.