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Madras High CourtWP/9668/2025disposed of

P.Amulraj v. The Regional Manager

2025-03-24Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.9668 of 2025 and W.M.P.No.10846 of 2025 P.Amulraj .. Petitioner Vs.

1.The Regional Managing, Tamil Nadu Civil Supplies Corporation Limited, Ariyalur Region, Ariyalur.

2.The Managing Director, Tamil Nadu Civil Supplies Corporation Limited (Head Office), CMRL Building Koyembedu, Chennai - 600 107.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the first respondent Regional Manager, Tamil Nadu Civil Supplies Corporation Limited, Ariyalur Region, Ariyalur, from recovering the storage loss occurred in Ayyansuthamalli CAP (open storage) in KMS 2019-2020 season from the salary of the petitioner, pursuant to his order passed in Na.Ka. No.B4/ 0362/ 2022 (3) dated 20.08.2024 till the appeal of the petitioner dated 21.09.2024 filed against the said order dated 20.08.2024 pending on the file of the 2nd

respondent, Managing Director, Tamil Nadu Civil Supplies Corporation Limited, Chennai - 600 107 is decided and disposed of on merits and in accordance with law and to quash the same.

For Petitioner .. Mr.V.Sanjeevi For R1, R2 .. Mr.C.Selvaraj Standing Counsel

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the 1st respondent, Regional Manager, Tamil Nadu Civil Supplies Corporation Limited, Ariyalur, from recovering the storage loss occurred in Ayyansuthamalli CAP (open storage) in KMS 2019 - 2020 season from the salary of the petitioner consequent to order dated 20.08.2024 till the appeal filed by the petitioner on 21.09.2024 which is pending before the 2nd respondent / Tamil Nadu Civil Supplies Corporation Limited (Head Office), Chennai, is decided.

2.In the affidavit filed in support of the writ petition, it had been contended that the petitioner is working as Bill Clerk in Thelur Semi -

covered Godown, Ariyalur Region from 05.03.2024. There was a loss in movement of paddy within the stipulated time and the loss was determined to be caused owing to the acts of omission and commission of three individuals including the petitioner herein. A show cause notice had been issued to the petitioner by the 1st respondent. The petitioner had given an explanation. But however, an order had been passed on 20.08.2024 by the 1st respondent rejecting the explanation given by the petitioner and directing that the petitioner must bear 1/3rd of the loss which amounted to Rs.12,16,568/-. Questioning that particular order, the petitioner had filed an appeal before the 2nd respondent. The appeal is still pending. 3.A direction is given to the 2nd respondent to dispose of the appeal, which had been filed by the petitioner on 21.09.

2024, on or before 17.04.2025. The 2nd respondent may examine the order dated 20.08.2024 passed by the 1st respondent, wherein no reasons had been given for rejection of the explanation given by the petitioner and also examine whether the allegations against the petitioner had been properly considered by the 1st respondent. Depending on the nature of order passed in the appeal, further orders may be passed by the respondents relating to recovery.

4.With the above observations, this Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is closed. 24.03.2025 Index:Yes/No Internet:Yes/No smv To 1.The Regional Managing, Tamil Nadu Civil Supplies Corporation Limited, Ariyalur Region, Ariyalur.

2.The Managing Director, Tamil Nadu Civil Supplies Corporation Limited (Head Office), CMRL Building Koyembedu, Chennai - 600 107.

C.V.KARTHIKEYAN,J.

smv W.P.No.9668 of 2025 24.03.2025