GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION LIMITED Vs. SPECIAL DEPUTY COMMISSIONER OF LABOUR

JUDGEMENT

(1.) Challenging the order dated 05.12.2013 passed by the 1st Respondent in Approval Petition No.228 of 2012, the Transport Corporation has come up with the present Writ Petition.

(2.) According to the Petitioner/Transport Corporation, the 2nd Respondent was appointed as a Driver on 12.07.2000 in their Corporation. For appointment as a Driver, the candidate should have passed 8th Standard. At the time of appointment, the 2nd Respondent produced a Record Sheet issued by Thippasamudaram Panchayat School. However, on enquiry with the District Elementary Educational Officer on 22.09.2004, it was confirmed that the Record Sheet produced by the 2nd Respondent was a bogus one. Hence, the Petitioner/Transport Corporation issued a Charge Memo dated 08.12.2004 for the said misconduct committed by the 2nd Respondent. As the reply sent by the 2nd Respondent was not satisfactory, the Petitioner/Transport Corporation appointed an Enquiry Officer to enquire into the charges. The Enquiry Officer concluded the enquiry, holding that the charges against the 2nd Respondent were proved.

(3.) On receipt of the Enquiry Report, the Petitioner issued a second Show Cause Notice dated 06.10.2006 to the 2nd Respondent with a proposal to dismiss him. As the explanation offered by the 2nd Respondent was not satisfactory, the Petitioner/Transport Corporation dismissed him from service on 24.08.2012.