Case Note & Summary
The petitioner, S. Murugesan, a dismissed employee of the Tamil Nadu State Transport Corporation Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 (Additional Chief Secretary, Secretary Transport Department, Vigilance Commissioner, and Director of Vigilance and Anti Corruption) to take appropriate action against respondents 5 and 6 (Managing Director and Branch Manager of the Transport Corporation) based on his representation dated 29.08.2022. The petitioner alleged that buses were not operated on approved routes but fake records were created showing operation, causing losses to the corporation. He provided an example of Bus No. TN-57-N-2084 plying on Dindigul-Trichy route on 16.07.2022 where three different sets of tickets were issued to passengers, creating fake entries as if three buses were operated. The petitioner claimed that conductors were compelled by higher officials to issue multiple ticket sets. The respondents filed a counter affidavit admitting that an audit report dated 20.07.2022 revealed the same irregularity and that disciplinary proceedings were initiated against the Branch Manager, B. Karthick Raja, and Junior Assistant, P. Sivaraj. The court noted that the petitioner was a dismissed employee and his complaint appeared motivated by personal vendetta. The court held that the petitioner lacked locus standi to seek a writ of mandamus as the authorities had already taken cognizance of the matter and initiated disciplinary proceedings. The writ petition was dismissed as not maintainable.
Headnote
A) Constitutional Law - Locus Standi - Writ of Mandamus - A dismissed employee seeking direction to authorities to act on his complaint regarding alleged misappropriation in the Transport Corporation does not have locus standi as the complaint is motivated by personal vendetta and the matter is already under disciplinary proceedings. (Paras 1-6) B) Service Law - Disciplinary Proceedings - Representation - When the authorities have already initiated disciplinary proceedings based on an audit report, a writ petition seeking direction to consider a representation is not maintainable as the grievance is already addressed. (Paras 2-6)
Issue of Consideration
Whether a dismissed employee has locus standi to seek a writ of mandamus directing the authorities to take action on his complaint regarding alleged misappropriation in the Transport Corporation.
Final Decision
The writ petition is dismissed as not maintainable. No costs.
Law Points
- Locus standi
- Public Interest Litigation
- Writ of Mandamus
- Disciplinary proceedings
- Representation
