THE MANAGING DIRECTOR Vs. THE PRESIDING OFFICER

JUDGEMENT

(1.) Challenging the award dated 15.03.2012 made in I.D.No. 849/2001 passed by the 1st respondent, the present writ petition came to be filed.

(2.) The case of the petitioner is that the 2nd respondent was employed as a driver attached to the Ponneri Depot of the Petitioner Transport Corporation, which is an Undertaking of the State of Tamilnadu. The 2nd respondent unauthorisedly absented from duty from 109.1996 onwards without any prior intimation. In this regard, a Charge Memo dated 03.10.1996 was issued to the 2nd respondent for which there was no reply. While so, the petitioner Management directed the 2nd respondent to appear before the Enquiry Officer on 18.10.1996 vide its notice dated 10.10.1996 and subsequently, the same was adjourned to 06.11.1996. Thereafter, the 2nd respondent along with a co-worker appeared before the Enquiry Officer and availed the opportunity for cross examination of the witnesses. Finally, the Enquiry Officer, concluded the enquiry and filed his report stating that the charges were proved.

(3.) The further case of the petitioner is that based on the Enquiry Officer's Report, a Second Show Cause notice dated 04.02.1997 was issued to the 2nd respondent calling upon him to show cause as to why he should not be removed from service, treating his absence as an "abandonment of service". The 2nd respondent submitted his explanation dated 11.02.1997 for the same.