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Madras High CourtWP/11115/2020disposed of

K.Dhivakar v. The District Manager

2020-08-25Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2020

CORAM

THE HONOURABLE THIRU JUSTICE V. PARTHIBAN W.P.Nos.11115 & 11118 of 2020 & W.M.P.Nos.13557, 13558, 13560 & 13561 of 2020 K.Dhivakar

...Petitioner in W.P.No.11115/2020

S.Dhanasekaran

...Petitioner in W.P.No.11118/2020

Vs.

The District Manager, Tamil Nadu State Marketing Corporation Limited, (TASMAC), Vellore District.

...Respondent in W.P.No.11115/2020

The District Manager, Tamil Nadu State Marketing Corporation Limited, (TASMAC), Arakonam District.

...Respondent in W.P.No.11118/2020

Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, to call for the records on the file of the respondent in Ref.No.Na.Ka.No.m2/146/rptp/2020, dated 14.07.2020 and Ref.No.Na.Ka.No.m1/303/rptp/2020 dated 19.06.2020 respectively and quash the same.

For Petitioner : Mr.D.Bharathy For Respondent : Mr.Arumuga Rajan, SC

ORDER

The matter is taken up through web hearing.

2.The writ petitions are filed with the following prayer; "to call for the records on the file of the respondent in Ref.No.Na.Ka.No.A2/146/CV/2020, dated 14.07.2020 and Ref.No.Na.Ka.No.A1/303/CV/2020 dated 19.06.2020 respectively and quash the same."

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3.When the matters are taken up for hearing it is found that the proceedings, which are impugned in these writ petitions, are only a show cause notice directing the petitioners to show cause as to why final orders need not be passed for certain lapses committed by them in discharge of their duties as employees of the respondent Corporation, for which a reply was given by the petitioners on 04.08.2020 and 29.06.2020. However, it appears that no final orders have been passed by the respondents on the reply submitted by the petitioners. Without waiting for the final orders to be passed by the respondent, the petitioners have approached this Court, seeking to challenge the show cause notice dated 14.06.2020 and 19.06.2020.

4.This Court is unable to appreciate the challenge of the petitioners by traversing into the factual aspects and come to a conclusion. When the petitioners have given reply to the show cause notice impugned, they shall await the final orders to be passed by the authority concerned. It is certainly not proper for the petitioners to approach this Court at this stage. This Court is, therefore, of the view that this writ petitions are not maintainable at this stage and therefore, the same are dismissed. In case any final orders are passed adverse to the petitioners, it is always open to them to work their remedies in a manner known to law, if they are so advised. Connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrm/msk To 1.The District Manager, Tamil Nadu State Marketing Corporation Limited, (TASMAC), Vellore District.

2.The District Manager, Tamil Nadu State Marketing Corporation Limited, (TASMAC), Arakonam District.

W.P.No.11115 & 11118 of 2020 AJS(CO) RMP(19/12/2020) https://hcservices.ecourts.gov.in/hcservices/