G.Parthiban v. The District Manager

IN THE HIGH COURT JUDICATURE AT MADRAS

DATED : 05.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.23899 of 2015 G.Parthiban ..

Petitioner Vs

1. The District Manager, Tamil Nadu State Marketing Corporation Limited, Thirumalasai, Sidco Campus Unit 1, Thiruvallur East, Thiruvallur Region.

2. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited, LLA Building, Mount Road, Chennai-2.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing to consider Communication in Na.Ka.No.A-2/1191/2015 dated 8.5.2015 sent by the first respondent to second respondent for revoking suspension and thereby directing the respondent to give posting. For Petitioner :

Mr.P.Sidharthan For Respondent :

Mr.S.Muthuraj

ORDER

By consent, the Writ Petition is taken up for final disposal. 2.

The petitioner, who was employed as Salesman in the services of the respondent Corporation in respect of Shop No.8927, was placed under suspension on 14.08.2013 on the ground of alleged misappropriation of funds and after full fledged enquiry, the Enquiry Officer, namely, the 1st respondent, submitted his report in Na.Ka.No.A-2/1191/2015 dated 8.5.2015 stating that the charge has not been proved. The 1st respondent has also addressed a letter in in Na.Ka.No.A-2/1191/2015 dated 8.5.2015 to the 2nd respondent praying for appropriate orders for reinstatement of the petitioner. Since no https://hcservices.ecourts.gov.in/hcservices/

orders have been passed, the petitioner came forward to file this Writ Petition.

3.

Heard the learned Counsel appearing for the petitioner and Mr.S.Muthuraj, learned Counsel who accepts notice on behalf of the respondents.

4.

This Court taking into consideration the limited prayer sought for by the petitioner and without going into the merits of the same, directs the 2nd respondent to take into consideration the letter of the 1st respondent dated 08.05.2015 and pass orders as to the reinstatement of the petitioner as expeditiously as possible and not later than four weeks from the date of receipt of a copy of this Order and communicate the decision taken to the petitioner. 5.

The Writ Petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar tsi To

1. The District Manager, Tamil Nadu State Marketing Corporation Limited, Thirumalasai, Sidco Campus Unit 1, Thiruvallur East, Thiruvallur Region.

2. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited, LLA Building, Mount Road, Chennai-2.

+1 cc to Mr.S.Muthuraj, Advocate, sr.40506 +1 cc to M/s.P.Sidharthan, Advocate, sr.40345 W.P.No.23899 of 2015 skv(co) kra(19/08) https://hcservices.ecourts.gov.in/hcservices/