D.Ramesh v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.7324 of 2024 and W.M.P.Nos.8194 & 8196 of 2024 D.Ramesh ....
Petitioner Vs
1. The Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC), 4th Floor, CMDA Building Tower II, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.
2. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited, Ambattur, Chennai.
3. The District Manager, Kancheepuram North District, Kancheepuram.
....
Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned suspension order in Na.Ka.No.101/A1/SUS/2024 dated 15.02.2024 passed by the third 1/4
respondent and quash the same, consequently direct the third respondent to re-instate the petitioner into service.
For Petitioner : Mr.K.Balu For Respondents : Mr.K.Balakrishnan Standing Counsel
ORDER
This Writ Petition has been filed challenging the order of suspension dated 15.02.2024 passed by the third respondent.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner was appointed as Supervisor in the Tamil Nadu State Marketing Corporation Limited (TASMAC). While being so, the third respondent conducted surprise inspection on 12.02.2024 and it is found that the petitioner and other salesmen were selling liquor bottles higher than the maximum retail price. Therefore, the petitioner was suspended from service.
4. The learned counsel appearing for the petitioner would submit that while inspecting the TASMAC shop, the third respondent 2/4
failed to follow the procedure contemplated as per Rules. Further if the first time offender, he can be transferred to other shop and can be imposed fine. Now the petitioner was straight away suspended from service.
5. In view of the above submission, the petitioner is directed to submit a representation to revoke the order of suspension passed by the third respondent and on receipt of the same, the third respondent is directed to consider and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of the representation.
6. With the above direction, this Writ Petition stands disposed of. Consequently, connected miscellaneous petitions are closed. No costs.
21.03.2024 Internet : Yes/No Index:Yes/No Speaking Order/Non Speaking Order Lpp 3/4
G.K.ILANTHIRAIYAN, J.
Lpp To
1. The Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC), 4th Floor, CMDA Building Tower II, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.
2. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited, Ambattur, Chennai.
3. The District Manager, Kancheepuram North District, Kancheepuram.
W.P.No.7324 of 2024 21.03.2024 4/4