MANAGEMENT OF METROPOLITAN TRANSPORT CORPORATION LTD Vs. PRESIDING OFFICER, PRINCIPAL LABOUR COURT,CHENNAI

JUDGEMENT

(1.) The prayer sought for in this Writ Petition is for a Writ of Certiorari, to call for the records relating to I.D.No.467 of 1998 dated 11.02.2002 on the file of the 1 st respondent and to quash the same.

(2.) When the case is called today, Mr.V.R.Kamalanathan, learned Standing Counsel appearing for the petitioner is ready to get on with the case. However, no one is appearing for the 2nd respondent. Since the Writ Petition is of the year 2002 and has been pending over 15 years before this Court, I am inclined to dispose of this case on merits, based on available records.

(3.) It is the case of the petitioner/Corporation that the 2nd respondent was appointed as a Conductor at the petitioner Corporation on 01.08.1986. On 03.08.1993, while he was in duty in Route No.VE 540, a sudden inspection was undertaken, where the Team found some discrepancies in issuing tickets and non collection of fare to some luggages. Based on which, charges were framed on 09.08.1993 and served on the 2 nd respondent, directing him to give an explanation. During the pendency of the said disciplinary proceedings, the petitioner had been given permission to continue the job by an order dated 09.09.1993. An Enquiry Officer was appointed to conduct the enquiry and after conducting enquiry, the Enquiry Officer has given a report stating that the first two charges framed against the 2 nd respondent have been proved. Pursuant to the Enquiry Report, a second show cause notice was issued on 11.06.1994, to which, the 2 nd respondent sent his reply on 13.07.1994. Since the said explanation of the 2 nd respondent was not satisfactory, the Management of the petitioner by order dated 20.01.1995 removed the 2 nd respondent from service. As Against the order of removal, the 2 nd respondent filed an appeal on 08.03.1995 and the said appeal was rejected against the Management on 27.03.1995.