Madras High Court upheld the order of the metropolitan transport corporation
Madras high court has upheld an order of the metropolitan transport corporation (MTC), Chennai, removing a driver from service on account of his abandoning service
Chennai: The Madras high court has upheld an order of the metropolitan transport corporation (MTC), Chennai, removing a driver from service on account of his abandoning service.
Justice S. Vaidyanathan dismissed the petition filed by driver M.C. Vijayakumar, which sought to quash the 2011 order of MTC. According to Vijayakumar, he joined MTC in 1998 as a driver. Since he suffered from ulcers, he was absent from duty for nearly two months. When he reported for work in March 2008, he was informed that he had been dismissed from service and was served with the proceedings issued by the joint managing director of MTC.
The proceedings stated that two charges were framed against him and a show-cause notice sent by registered post. Since there was no reply to this, he was removed from service.
He contended that he could not give a reply since the show-cause notice was sent to a wrong address. The absence was only due to ill-health, for which he had already submitted leave letters. The extreme punishment of removal from service was highly disproportionate, he added.
Pointing out that Vijayakumar had not produced any evidence to show that medical leave had been sanctioned and also not produced any medical certificate, the judge said as he had deserted work, MTC was right in coming to the conclusion that he had abandoned service.However, taking note of the length of service put in by Vijayakumar, it was open to him to work out his remedy for consequential benefits thereof, the judge added.
( Source : dc correspondent )
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