Madras High CourtWP/22983/2015disposed of

T.Dhanapal, v. The Senior Regional Manager,

2015-07-29Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN WP.No.22983/2015 MP.Nos.1 and 2/2015 T.Dhanapal ...

Petitioner Vs 1.The Senior General Manager, TASMAC, Salem 2.The District Manager, TASMAC, Salem ... Respondents Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India, for the relief as stated therein. For Petitioner :

Mr.R.Jayaprakash For Respondents :

Mr.S.Muthuraj

ORDER

This Writ Petition is filed to issue a Writ of Certiorarified Mandamus to call for the records, relating to the proceedings in Se.Mu.Na.Ka.No.1526/ 2015A 4/C.V, dated 02.06.2015, of the 2nd Respondent and to quash the same and consequently to direct the Respondents to reinstate the Petitioner in the post of Supervisor at Shop No.7436, Narasingapuram, Attur Taluk, Salem, by considering the representation of the Petitioner dated 13.07.2015.

2. The Petitioner has questioned the impugned order on the ground that he was terminated based on the pendency of the criminal case as against him, that too when the said criminal case is not in relation to employment.

3. At this juncture, the learned counsel for the Respondents has submitted that the Petitioner was not removed from service and that the impugned order is only an order of suspension.

4. In view of the submissions made by the learned counsel for the Respondents, I am not inclined to allow this Writ Petition. However, it is made clear that the Respondents shall pay subsistence allowance, so long as the Petitioner is kept under https://hcservices.ecourts.gov.in/hcservices/

suspension. Since the criminal case is not relating to employment, the Respondents shall also review the matter and reinstate him in service, pending the outcome of the criminal proceedings.

5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected MP are closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar Srcm To:

1.The Senior General Manager, TASMAC, Salem 2.The District Manager, TASMAC, Salem +1 cc to Mr.R.Jayaprakash, Advocate, sr.39030 +1 cc to Mr.S.Muthuraj, Advocate, sr.39420.

WP.No.22983/2015 ku(co), kra(10/08) https://hcservices.ecourts.gov.in/hcservices/