WP(MD). No.4541 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.12.2025 CORAM THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.4541 of 2024 and WMP(MD)No.4381 of 2024 M.Sivakumar ... Petitioner versus 1. The Managing Director, Tamil Nadu State Transport Corporation, Tirunelveli Region, Tirunelveli. 2. The General Manager, Tamil Nadu State Transport Corporation, Tirunelveli Region, Vannarapettai, Tirunelveli. 3. The Deputy Manager (Technical), Tamil Nadu State Transport Corporation, Vannarapettai, Tirunelveli. 4. The Assistant Manager (Disciplinary), Tamil Nadu State Transport Corporation, Vannarapettai, Tirunelveli. 1/6 https://www.mhc.tn.gov.in/judis WP(MD). No.4541 of 2024 5. The Branch Manager, Tamil Nadu State Transport Corporation, Bye Pass Depo, Vannarapettai, Tirunelveli. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records in pursuant to the impugned Charge Memo vide No. 10788/Sa-07/Disciplinary/TNSTC/2024, dated 02.02.2024 issued by the 4th respondent and quash the same as illegal. For Petitioner : No appearance For Respondents : Mr.K.Ramaiah, Standing Counsel ORDER The petitioner is a Driver of the respondent Transport Corporation. He was issued with a charge memo dated 02.02.2024 that he drove the bus bearing Reg. No.TN 72 N 2131 in a careless manner and caused damage to the front right tyre of the bus. Challenging the same, the present writ petition has been filed. 2/6 https://www.mhc.tn.gov.in/judis WP(MD). No.4541 of 2024 2.The charge memo dated 02.02.2024 issued as against the petitioner is extracted as under: "ePh; 05/01/24 md;W ngUe;J vz;/TN72N 2131 Rt No.504H A/c. ngUe;jpy; gzpg[hpe;jnghJ ngUe;ij Kiwahf Xl;lhjjhy; ngUe;jpy; front right tyre puncture Mfp g";rh; ud; Mfptpl;lJ vd;Wk;. ,jdhy; lah; KGtJk; nrjkhfp fz;lk; Mfptpl;lJ vd;Wk;. ,jw;F ePnu bghWg;g[ vd;Wk;. nkYk; eph;thf xg;g[jy; gotj;jpy; ePh; ifbahg;gk; ,l kWj;Jtpl;lJ.” 3. When this writ petition is taken up for hearing, there is no representation for the petitioner. 4. Learned Counsel for the respondent Transport Corporation submitted that the petitioner has driven the vehicle in a rash and negligent manner and caused damage to the bus tyre. Therefore, he has been issued with a charge memo for the same. 5. Heard the submissions made by the learned Counsel for the Transport Corporation and perused the materials. 3/6 https://www.mhc.tn.gov.in/judis WP(MD). No.4541 of 2024 6. In the affidavit filed in support of this petition, the petitioner has taken a plea that he joined the respondent Transport Corporation as a Driver in the year 2010 and he has been continuously working as a Driver till 05.01.2024. It was during a trip on 05.01.2024 in Route No. 504 from Madurai to Tirunelveli that the front right tyre of the bus burst and a charge memo was issued for the same on 02.02.2024. According to the petitioner, the tyre was in a weak condition and therefore, the tyre has burst. Without considering the quality of the tyre, the respondent Transport Corporation straightaway issued a charge memo to the petitioner as if the tyre has burst due to his rash driving. 7. Bursting of a tyre depends on several factors such as the condition of the road, the quality of the tyre, the condition of the tyre, its age and the speed of the vehicle. When the bus is driven on a road with potholes and there is bursting of tyre, the driver alone cannot be held responsible for the same inasmuch as it is not within his control alone. It is pertinent to note that immediately after the burst, the petitioner managed to stop the vehicle without causing injuries to the passengers 4/6 https://www.mhc.tn.gov.in/judis WP(MD). No.4541 of 2024 and replaced the burst tyre. 8. Considering the nature of charges levelled against the petitioner and also his period of service as a Driver without any blemish, this Court is inclined to set aside the charge memo dated 02.02.2024. 9. Accordingly, this writ petition is allowed and the impugned charge memo dated 02.02.2024 is quashed. No costs. Consequently, the connected miscellaneous petition is closed. 01.12.2025 ogy Index : Yes / No. Internet: Yes / No. NCC : Yes / No. To 1. The Managing Director, Tamil Nadu State Transport Corporation, Tirunelveli Region, Tirunelveli. 2. The General Manager, Tamil Nadu State Transport Corporation, Tirunelveli Region, Vannarapettai, Tirunelveli. 5/6 https://www.mhc.tn.gov.in/judis WP(MD). No.4541 of 2024 B.PUGALENDHI, J. ogy 3. The Deputy Manager (Technical), Tamil Nadu State Transport Corporation, Vannarapettai, Tirunelveli. 4. The Assistant Manager (Disciplinary), Tamil Nadu State Transport Corporation, Vannarapettai, Tirunelveli. 5. The Branch Manager, Tamil Nadu State Transport Corporation, Bye Pass Depo, Vannarapettai, Tirunelveli. WP(MD) No.4541 of 2024 01.12.2025 6/6 https://www.mhc.tn.gov.in/judis