THE MANAGEMENT Vs. THE PRESIDING OFFICER

JUDGEMENT

(1.) The instant Writ Petition is filed by the petitioner for writ of Certiorari to calling for the records on the file of the 1st respondent pertaining to its proceedings in I.D.No.148 of 2004 dtd. 28/2/2011 and to quash the same.

(2.) The case of the petitioner is that the 2nd respondent herein was appointed as conductor during 1999. While he was discharging his duty as conductor, on 16/4/1 in the bus bearing registration number TN 55, N.0233 operated in Trichy to Mangalore, he collected Rs.16.00 from a women passenger who was travelling Trichy to Mangalore with two luggage. The official of the petitioner transport corporation has checked the bus and found the said misappropriation committed by the 2nd respondent herein. For the above said misappropriation, the 2nd respondent herein was placed under suspension and he was issued with charge memo. For the charges the 2nd respondent submitted his explanation by denying all the charges leveled against him and therefore an enquiry officer was appointed. The enquiry officer after conducting domestic enquiry has filed his report on 3/7/1 by holding that the charges leveled against the 2nd respondent herein were proved.

(3.) Thereafter, on 4/7/1 second show cause notice was issued by the petitioner corporation to the 2nd respondent herein as to why he should not be terminated from service. The 2nd respondent herein submitted his explanation to the petitioner?s second show cause notice on 2/8/1. However, the petitioner management has passed order on 28/8/1 by dismissing the 2nd respondent herein from service.