MANAGEMENT TAMIL NADU STATE TRANSPORT Vs. D.ALEXANDER

JUDGEMENT

(1.) The Writ Petition is filed challenging the award in A.P.No.272 of 2012 whereby, the second respondent refused to grant approval for the order of punishment of dismissal from service passed by the petitioner / Management.

(2.) Upon perusing the affidavit filed in support of the Writ Petition and hearing Mr.Aswin, the learned counsel appearing on behalf of the Management, the grievance of the Management is that D.Alexander, the workman originally involved in this case joined duty with the petitioner / Management on temporary basis on 11/11/2007. He worked for only about eight months and was unauthorisedly absent from 20/7/2008. A report in this regard was received from the concerned branch on 22/7/2011 and thereafter, a charge memo was issued on 27/7/2011. No explanation whatsoever was admitted by the workman. However, a domestic enquiry was ordered and in the enquiry the workman participated.

(3.) It is the case of the workman that he fell down from a two-wheeler and got fits and therefore, he was taking treatment and he became well only in the year 2012. However, the medical records that was produced did not support the said stand. The enquiry officer therefore, returned the finding that the charge as proved. Thereafter, the disciplinary authority considered the further explanation to second show cause notice and passed an order of dismissal on 2/11/2012. Thereafter, the approval petition was filed before the second respondent immediately within six days. The authority by the order impugned in the Writ Petition rejected the approval by an order dtd. 29/11/2017. Challenging the same, the present Writ Petition is filed. Pending the Writ Petition, on 21/3/2021, the workman also since died and the legal heirs are impleaded as respondent No.3 and 4 and they are contesting the matter.