B.Mohan v. The Regional Sales Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:09.02.2015

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P.No1993 of 2015 B.Mohan .. Petitioner -vs1. The Regional Sales Manager TASMAC Salem, Salem District

2. The District Manager, TASMAC, Vellore Region, Vellore District .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus calling for the entire records which culminated in issuing the proceedings in Se. Mu. Na. Ka. No. A2/1046/C.V/2012 dt 17.12.2012 on the file of the 2nd respondent quash the same and consequently direct the respondents to reinstate the petitioner in service as Supervisor in any one of the TASMAC shops under the control of the 2nd respondent. For Petitioner : Mr.V.Manoharan For Respondent : Mr.S.Muthuraj

O R D E R

The order passed by the second respondent removing the petitioner from the post of Supervisor is challenged in this writ petition on the ground that before passing such a drastic order, notice was not issued to him.

2. When the writ petition is taken up for consideration today, the learned Standing Counsel for TASMAC submitted that the second respondent has already initiated Disciplinary Proceedings against the petitioner vide proceedings dated 18.8.2014 and the entire proceedings would be completed within a period of three months. The learned Standing Counsel further submitted that the petitioner would be paid Subsistence Allowance during the currency of Disciplinary Proceedings.

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3. The respondents are directed to pay Subsistence Allowance to the petitioner till the disposal of Disciplinary Proceedings. The arrears of Subsistence Allowance should also be paid as expeditiously as possible and in any case within a period of one month from today. There shall be a further direction to the second respondent to complete the Disciplinary Proceedings pending against the petitioner within a period of three months from the date of receipt of a copy of this order.

4. The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ga To

1. The Regional Sales Manager TASMAC Salem, Salem District

2. The District Manager, TASMAC, Vellore Region, Vellore District + 1 cc to Mr.S. Muthuraj, Advocate Sr.6821 + 1 cc to Mr.M.C. Govindan, Advocate SR.6630 W.P.No1993 of 2015 AD(CO) Eu 11.02.15 https://hcservices.ecourts.gov.in/hcservices/