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Madras High CourtWP/1328/2015disposed of

P.V.Devanathan v. The Managing Director

2015-01-21Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.1328 of 2015 P.V.Devanathan ..

Petitioner v.

1. The Managing Director, TASMAC Limited, CMDA Building, Tower II, 4th Floor, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The District Manager, TASMAC Limited, Villupuram District, Villupuram.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the second respondent to consider the representation of the petitioner dated 23.09.2013 seeking to revoke the suspension of the petitioner ordered in proceedings No.RV09/08/2013, dated 26.8.2013, by the second respondent.

For Petitioner : Mr.R.Ramachandran For Respondents : Mr.S.Muthuraj, Standing Counsel - TASMAC

ORDER

The petitioner has filed the above writ petition to direct the second respondent to consider the representation dated 23.09.2013 seeking to revoke his suspension ordered in proceedings dated 26.8.2013.

2. According to the petitioner, the petitioner was working as a Salesman in various TASMAC retail shops for 9 years with utmost integrity and devotion to the duty entrusted to him. The petitioner was working along with one R.Tamizh in the TASMAC Shop. The Supervisor of the Shop complained and also pointed out that Salesman R.Tamizh already swindled a sum of Rs.3,67,200/-, which was found out by the Manager himself when he verified the stock. For the misappropriation committed by R.Tamizh, the respondent also suspended the petitioner. According to the petitioner, he is honest and he has not involved in any illegal or unlawful activities. In these circumstances, the petitioner gave a representation dated 23.09.2013 to the second respondent to revoke the order of suspension. However, according to the petitioner, the second respondent has not considered the representation yet.

3. Mr.S.Muthuraj,, learned Standing Counsel takes notice for the respondents and submitted that the second respondent may be directed to dispose of the representation dated 23.09.2013 filed by the petitioner within the stipulated time.

4. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the second respondent to dispose of the representation dated 23.09.2013 filed by the petitioner on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

The writ petition is disposed of with the above direction. However, there shall be no order as to costs. -s/dAssistant Registrar(CSIII) Dated:22.01.2015 True Copy Sub-Assistant Registrar

To

1. The Managing Director, TASMAC Limited, CMDA Building, Tower II, 4th Floor, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The District Manager, TASMAC Limited, Villupuram District, Villupuram.

+1 cc to Mr.R.Ramachandran Advocate sr 2884 W.P.No.1328 of 2015 tej(co) aa22/01/2015