Madras High CourtWP/10399/2016disposed of

G.Suresh, v. The District Manager,

2016-06-21Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.06.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.10399 of 2016 G.Suresh .. Petitioner Vs.

1.The District Manager, The Tamil Nadu State Marketing Corporation Ltd., Thirumalasai, SIDCO Campus Unit 1, Thiruvallur East, Thiruvallur Region.

2.The Senior Regional Manager, The Tamil Nadu State Marketing Corporation Ltd., LLA Building, Mount Road, Chennai - 600 002.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing to consider communication in Na.Ka.No.A2/2834/2015 dated 12.09.2015 sent by the first respondent to second respondent for revoking suspension and thereby directing the respondent to give posting. For Petitioner : Mr.P.Sidharthan For Respondent : Mr.C.Kasirajan Standing Counsel for TASMAC

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct to consider communication in Na.Ka.No.A2/2834/2015 dated 12.09.2015 sent by the first respondent to second respondent for revoking suspension and thereby directing the respondents to give posting to the petitioner.

2.The case of the petitioner is that while he was working as Salesman in the office of the Tamil Nadu State Marketing Corporation Limited [TASMAC] based on certain allegations, he was suspended from service on 13.03.2013. However, according to the petitioner, he was issued with a show cause notice and had submitted his detailed explanation and also participated in the https://hcservices.ecourts.gov.in/hcservices/

enquiry proceedings. He has also submitted a representation to the first respondent on 25.01.2016 but till date no orders have been passed and hence, the Writ Petition has been filed. 3.Mr.P.Sidharthan, learned counsel for the petitioner would submit that the petitioner was suspended as early as on 13.03.2013 and hence, he would be satisfied, if his representation is directed to be considered and appropriate orders are passed as expeditiously as possible. 4.Mr.C.Kasirajan, learned Standing Counsel for TASMAC has got no serious objection for directing the first respondent, who is the competent authority to consider the representation of the petitioner and pass appropriate orders, on merits and in accordance with law.

5.Considering the submissions made on either side, this Court, without going into the merits of the claim made by the petitioner, directs the first respondent, to consider the representation of the petitioner, dated 25.01.2016, and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.

6.The Writ Petition is disposed of accordingly. No costs. sri -s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To 1.The District Manager, The Tamil Nadu State Marketing Corporation Ltd., Thirumalasai, SIDCO Campus Unit 1, Thiruvallur East, Thiruvallur Region.

2.The Senior Regional Manager, The Tamil Nadu State Marketing Corporation Ltd., LLA Building, Mount Road,Chennai - 600 002.

+ 1 cc to Mr.C.Kasirajan, Advocate SR 34483 + 1 cc to Mr.P.Siddarthan, Advocate 34148 nm(co) prk5/7 W.P. No.10399 of 2016 https://hcservices.ecourts.gov.in/hcservices/