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Madras High CourtWP/11305/2017dismissed

Murugaiyan, v. The Managing Director

2017-07-07Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.11305 of 2017 and W.M.P.No.12235 of 2017 Murugaiyan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu Civil Supplies Corporation, 12, Thambusamy Road, Kilpauk, Chennai - 600 010.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Tiruvannamalai.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of CERTIORARIFIED MANDAMUS, calling for the records of the second respondent in his proceedings in Na.Ka.No.E6/3537/2016 dated 02.09.2016 and quash the same and further direct the respondents to reinstate the petitioner in service.

For Petitioner : Mr.B.Jawahar For Respondents: Mr.L.P.Shanmugasundaram Special Government Pleader

O R D E R

Heard Mr.B.Jawahar, learned counsel appearing for the petitioner and Mr.L.P.Shanmugasundaram, learned Special Government Pleader appearing for the respondents. With the consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal at the admission stage.

2.The Order of suspension is challenged in this writ petition. The writ petitioner who was appointed as helper, promoted to the post of Junior Assistant on 08.03.2013 and was working in the Tamil Nadu Civil Supplies Corporation, Regional https://hcservices.ecourts.gov.in/hcservices/

Office at Tiruvannamalai. On certain allegation and on initiation of disciplinary proceedings, the writ petitioner was placed under suspension in proceedings dated 02.09.2016. 3.The learned counsel appearing for the writ petitioner contended that the writ petitioner is placed under suspension with effect from 02.09.2016 and therefore, it is a prolonged suspension.

4.Such an argument deserves no consideration, in view of the fact that not even the period of one year is completed from the date of suspension. Further, the allegations in the impugned order of suspension are grave in nature and the writ petitioner has to face the enquiry in this regard and prove his innocence or otherwise in the enquiry. In this view of the matter, the grounds raised in this writ petition regarding the prolonged suspension cannot be accepted and it is for the authorities to proceed with the enquiry proceedings and complete the same as early as possible.

5.With these observations the writ petition stands dismissed. However no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ah/rpa To 1.The Managing Director, Tamil Nadu Civil Supplies Corporation, 12, Thambusamy Road, Kilpauk, Chennai - 600 010.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Tiruvannamalai.

+ 1 cc to M/s. L.P. Shanmugasundaram, Advocate Sr.47825 + 1 cc to M/s. B. Jawahar, Advocate SR.48001 W.P.No.11305 of 2017 and W.M.P.No.12235 of 2017 CP(CO) EU 27.7.17 https://hcservices.ecourts.gov.in/hcservices/