V.Sivakumar v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2024

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.11435 and 11436 of 2024 V.Sivakumar ... Petitioner Vs.

1.The Managing Director, TASMAC IV Floor CMDA, Egmore, Chennai - 08.

2.The Senior Regional Manager, TASMAC, Salem - 16.

3.The District Manager, TASMAC, Vellore.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorified Mandamus, to call for the records on the file of 2nd respondent in his proceedings letter SE:MU:NO.1026/2020/A dated 06.07.2021 to quash the same and direct the respondent to consider the representation dated 09.03.2024 and to reinstate. Page No. 1 of 5

For Petitioner : Mr.M.Padmanaban For Respondents : Mr.K.Balakrishnan Standing Counsel

ORDER

This Writ Petition is filed to call for the records in respect of the impugned order dated 06.07.2021.

2. On perusal of the affidavit filed in support of the writ petition and the records it reveals that the petitioner was imposed with punishment of removal from service by the disciplinary authority on 12.02.2019. As against the same, he filed an appeal before the second respondent and the same came to be be rejected by an order dated 06.07.2021. Aggrieved against the said order, a revision has to be filed before the Managing Director within a period of 30 days.

3. It is represented by the learned counsel for the petitioner that the petitioner has also preferred a revision before the first respondent on 08.02.2024.

4. It is for the first respondent to consider the said revision along with Page No. 2 of 5

the reasons for delay and if it is convinced with the reasons for delay in filing the revision and consider the revision and pass appropriate orders on merits and in accordance with law.

5. The learned counsel for the petitioner as well as the learned Standing Counsel appearing on behalf of the respondents would submit that the first respondent can be directed to dispose of the said revision.

6. In view thereof, this Writ Petition is disposed of with the following terms:- (1). The revision filed by the petitioner on 08.02.2024 shall be considered by the first respondent in accordance with law within a period of four weeks from the date of receipt of a copy of this order. (2). No costs. Consequently, connected writ miscellaneous petitions are closed.

17.04.2024 Index : Yes/No Speaking/Non-speaking Order jas Page No. 3 of 5

To 1.The Managing Director, TASMAC IV Floor CMDA, Egmore, Chennai - 08.

2.The Senior Regional Manager, TASMAC, Salem - 16.

3.The District Manager, TASMAC, Vellore.

D.BHARATHA CHAKRAVARTHY, J.

Page No. 4 of 5

jas and W.M.P.Nos.11435 and 11436 of 2024 17.04.2024 Page No. 5 of 5