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Madras High CourtWP/9547/2020disposed of

C.Murugesan v. Tamilnadu State Marketing

2022-06-24Honourable Mr Justice D. Krishnakumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.

of and W.M.P.No.

11658 of C.Murugesan .. Petitioner Vs.

1. Tamil Nadu State Marketing Corporation Limited (TASMAC), Rep. by its Managing Director, 4th Floor, CMDA Tower-2, Egmore, Chennai - 8.

2. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC) Salem.

3. The District Manager / Deputy Tahsildhar, Tamil Nadu State Marketing Corporation Limited (TASMAC) Salem District, Salem.

(R3 amended vide order of of this Court dated 24.06.2022 in W.M.P.No.17899/20) .. Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus calling for the records pertaining to the impugned suspension order passed by the 3rd respondent in Na.Ka.Enn.470/A3/2018/C.V., dated 23.04.2018 and quash the same as 1/5

illegal and consequently direct the respondent to reinstate the petitioner in service, in the light of the judgment of the Hon'ble Apex Court reported in (2015) 7 SCC 291 (Ajay Kumar Chaudry Vs. Union of India). For Petitioner : Mr.A.Tamilvanan For Respondents : Mr.K.Sathishkumar Standing Counsel for TASMAC - - - - -

O R D E R

Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that the enquiry officer has completed the enquiry and the enquiry report has been forwarded to the first respondent and the same is pending with him. Therefore, the learned counsel seeks suitable directions to the first respondent to conclude the proceedings within the time stipulated by this Court.

2. Mr.K.Sathishkumar, learned standing counsel appearing for the respondents, submitted before this Court that the enquiry is yet to be completed, but however submitted that the respondents will complete the proceedings at the earliest.

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3. At this stage, the learned counsel appearing for the petitioner submitted that the petitioner is not pressing for revocation of the suspension order as the enquiry proceedings is almost completed and the respondents may be directed to conclude the disciplinary proceedings within a stipulated time.

4. In view of the above submission made by the learned counsel for the parties and upon perusing the records, this Court is inclined to accept the said request of the learned counsel for the petitioner and accordingly direct the respondents to conclude the disciplinary proceedings in accordance with law and complete the same within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. If the petitioner is aggrieved with the outcome of the final order passed by the respondents, it is open to the petitioner to work out his remedy in the manner known to law. Consequently, the connected miscellaneous petition is closed. No costs.

24.06.2022 Index: Yes / No kk 3/5

To

1. The Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC), 4th Floor, CMDA Tower-2, Egmore, Chennai - 8.

2. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC) Salem.

3. The District Manager / Deputy Tahsildhar, Tamil Nadu State Marketing Corporation Limited (TASMAC) Salem District, Salem.

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D.KRISHNAKUMAR, J.

kk W.P.No.9547 of 2020 and W.M.P.No.11658 of 2020 24.06.2022 5/5