WP.(MD)No.8487 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2026 CORAM : THE HON`BLE MR.JUSTICE B.PUGALENDHI WP.(MD)No.8487 of 2023 and WMP.(MD)Nos.7826 & 7827 of 2023 R.Francis Xavier ... Petitioner Vs. 1.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Pudukkottai Region, Pudukkottai. 2.The Assistant Manager (Disciplinary Proceedings), Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Pudukkottai Region, Pudukkottai. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 22.02.2022 made in Ref: TNSTC / PUD / DS-776 / FATO1/D2-180/2021 passed by the first respondent quash the 1/7 https://www.mhc.tn.gov.in/judis WP.(MD)No.8487 of 2023 same and consequently direct the first respondent to grant all benefits to the petitioner which were stopped due to the above mentioned impugned order. For Petitioner : Mr.J.Anandkumar For Respondents : Mr.S.C.Herold Singh ORDER The petitioner is working as a Driver in the respondent Transport Corporation. He was assigned with duty in a bus No.TN55/N0685 from Malampatti to Trichy, on 10.04.2021. The said bus met with an accident, at about 12.30 pm., near Aavur bus stop. The bus colluded with a two wheeler and the person, who rode the two wheeler succumbed to the injury on the next day and therefore, a criminal case was registered on the file of the Mathur Police Station in Cr.No.67 of 2021 for the offence under Sections 279 and 337 IPC altered into Sections 279 and 304(A) IPC. Since the petitioner caused a fatal accident, disciplinary proceedings was initiated and punishment of stoppage of increment for a 2/7 https://www.mhc.tn.gov.in/judis WP.(MD)No.8487 of 2023 period of three years with cumulative effect was also imposed. Challenging the order of punishment, the petitioner has filed the present writ petition. 2.The only contention of the petitioner is that the criminal case in Cr.No.67 of 2021, which was registered as against the petitioner, was closed that the deceased only rode the two wheeler in a rash and negligent manner and the final report was filed as “Charges abated”. In the event, if the criminal case registered as against the petitioner was ended in honourable acquittal, then the petitioner is entitled for waiver of punishment as per clause 61 of 12(3) settlement. However, without considering the same, the respondents have proceeded with the disciplinary proceedings and has also imposed with punishment of stoppage of increment for a period of three years with cumulative effect. 3.The learned counsel for the respondents by relying on the judgment of the Division Bench in WA.(MD)No.587 of 2021 dated 3/7 https://www.mhc.tn.gov.in/judis WP.(MD)No.8487 of 2023 17.06.2021 submits that the final report has been closed as abated and therefore, the petitioner cannot take advantage of the same. 4.This Court has considered the rival submissions made on either side and perused the available records. 5.The petitioner has met with an accident on 10.04.2021, for which a criminal case has been registered. The Police, who conducted the investigation, has found that the person, who rode the two wheeler was responsible for the accident that he has rode the vehicle in a rash and negligent manner. The relevant portion of the final report is extracted hereunder:- nkw;go tHf;F rk;ke;jkhf rk;gt ,lk; brd;W rhl;rpfis tprhuiz bra;jjpy; tHf;fpd; vjphp Xl;o te;j thfdkhd TN55N 0685 vd;w vz;Zs;s muR ngUe;J kPJ thjpapd; fzth; ,we;J nghd rutzd; vd;gth; mjpntfkht[k; m$hf;fpuijahft[k; Xl;o te;j nkhjpajpy; jhd; ,we;Js;sjhf bjhpatUtjhy; tHf;F charge abated (CA) bra;ag;gl;L tHf;fpd; ,Wjp mwpf;ifia fdk; ePjpj;Jiw eLth; fPuD}h; mth;fSf;F mDg;gpitf;fg;gl;Ls;sJ vd;gij gzpt[ld; bjuptpj;Jf;bfhs;fpnwd;. 4/7 https://www.mhc.tn.gov.in/judis WP.(MD)No.8487 of 2023 6.The Investigation Officer has found that the accident was occurred due to the rash and negligent driving of the motorcyclist. However, the motorcyclist died and therefore, the Investigation Officer closed the final report as charges abated. Fact remains that the Investigation Officer has given a clear finding that the accident was occurred due to the negligence on the part of the motorcyclist. 7.It is relevant to extract clause 61 of the 12(3) settlement, which reads as under:- 61.Where a driver involved in an accident and held guilty of charge in domestic enquiry, subsequently honourably acquitted in the criminal case, the decision in the disciplinary case on the same charge may be revised based on the orders of the Court. However, if the acquittal is by benefit of doubt, no such revision is necessary.” 8.In view of the above, the petitioner is entitled for the benefit as per clause 61 of the 12(3) settlement. Therefore, this 5/7 https://www.mhc.tn.gov.in/judis WP.(MD)No.8487 of 2023 writ petition is allowed with a direction to the respondents to reconsider the order of punishment, based on the clause 61 of 12(3) settlement. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 05.01.2026 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Pudukkottai Region, Pudukkottai. 2.The Assistant Manager (Disciplinary Proceedings), Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Pudukkottai Region, Pudukkottai. 6/7 https://www.mhc.tn.gov.in/judis WP.(MD)No.8487 of 2023 B.PUGALENDHI,J gns WP.(MD)No.8487 of 2023 05.01.2026 7/7 https://www.mhc.tn.gov.in/judis