K.Anbudoss v. Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.3431 of 2023 K.Anbudoss Petitioner vs.

Managing Director, Tamil Nadu Civil Supplies Corporation, Head Office, Chennai - 600 010.

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the respondent vide order Proc.AD6/9434/2022 dated 26-04-2022 and to quash the same as being arbitrary, illegal, Violative of the provisions of the Tamil Nadu Civil Supplies Corporation Service Rules and to consequently direct the respondent to reinstate the petitioner in the designation last held by the petitioner with all consequential service, monetary benefit. For Petitioners : Mr.V.Karthic Senior Counsel for N.Damodaran For Respondents : Mr.C.Selvaraj Standing Counsel

O R D E R

This writ petition has been filed challenging the order of suspension passed by the respondent on 26.04.2022 and for a consequential direction to the respondent to reinstate the petitioner and to give him all the consequential benefits.

2.The case of the petitioner is that he was working as a Deputy Manager (Sales Department) at Krishnagiri District in the year 2020. Thereafter, he was transferred to Thiruvannamalai District as a Deputy Manager (Sales Department) in the year 2021.

3.The further case of the petitioner is that the Regional Manager of Thiruvannamalai District had lodged complaint against the officials at Thiruvannamalai Region as if persons who were not farmers and who were not eligible have been conferred/benefited from the Paddy Procurement Scheme. Based on the complaint, an FIR came to be registered in Crime No.1 of 2022 on 04.04.2022 by the CBCID North, Thiruvannamalai District.

4.In the course of investigation, the petitioner was arrested and

remanded to judicial custody on 24.04.2022. The respondent was pleased to pass the impugned suspension order on 26.04.2022 and the petitioner was kept under suspension.

5.The petitioner gave a detailed representation on 08.09.2022 to the respondent and sought for revocation of the suspension. That apart, the grievance of the petitioner is that no charge memo has been served till date and his suspension is continuing for more than eight months and it has neither been modified nor been revoked. Left with no other option, the present writ petition has been filed before this Court challenging the order of suspension.

6.Heard Mr.V.Karthic, learned Senior Counsel appearing on behalf of the petitioner and Mr.C.Selvaraj, learned Standing Counsel appearing on behalf of the respondent.

7.In the considered view of this Court, it will suffice, if a direction is issued to the respondent to consider the representation made by the petitioner on 08.09.2022, wherein, the petitioner has sought for the revocation of the suspension order passed against him on 26.04.2022. The

respondent shall act upon this representation and shall take a decision on its own merits and in accordance with law, within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the respondent along with all the relevant documents and also a copy of this order.

8.This writ petition is disposed of with the above direction. No Costs.

08.02.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr

To Managing Director, Tamil Nadu Civil Supplies Corporation, Head Office, Chennai - 600 010.

N. ANAND VENKATESH, J.

ssr W.P No.3431 of 2023 08.02.2023