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11. Materials placed before this Court further shows that vide letter No.120/Ch O/2004, dated 28.04.2006, of the Secretary to Government and Chairman, Transport Department, Fort St. George, Chennai, power has been conferred on the Managing Directors to remit the award amount (based on Conditional Stay/on receipt of attachment order passed on the EP), without again, referring such cases to the Finance Committee/Board, considering the fact that the amount is remitted only under protest. Paragraphs 2 and 3 of the said letter, delegating the powers to the Managing Directors to remit the award amount, are reproduced hereunder:

2) When accident claim is placed in the Finance Committee and decision is taken to file Appeal in High Court, the respective Transport Corporation make arrangement to file appeal in the High Court. In respect of such MCOP appeal cases when the High Court has granted conditional stay or attachment order is obtained by the petitioner on filing E.P., such cases are again brought to the Finance Committee/Board for approval and then the award amount is remitted in the Court.

3) This issue was discussed in the recent board Meetings of Transport Corporations and it was agreed and resolved that in such MCOP appeal cases mentioned in para-2 above the Managing Directors may remit the award amount (based on Conditional Stay/on receipt of attachment order passed on the EP), without again referring such cases to the Finance Committee/Board, considering the fact that the amount is remitted only under protest. However, in extraordinary/sensitive cases, the Management shall bring them to the notice/approval of the Finance Committee/Board whenever necessary.