P.Muthusamy v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition No.265 of 2015 & M.P.Nos.1 and 2 of 2015 P.Muthusamy .. Petitioner Vs.

1. The Managing Director CMDA Buildings 2nd Block,, 4th floor Egmore, Chennai 8 2.The Senior Regional Manager TASMAC Regional Office No.735, 4th floor Annasalai LLA Building Chennai 2 3.The District Manager Chennai Sough No.B4, Ambattur Industrial Estate Ambathur Chennai 58 .. Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified Mandamus calling for the entire records pursuant to the order dated 18.7.2007 in Na.Ka.No.776/07/A.2 on the file of the third respondent, quash the same and consequently direct the third respondent to pay full back wages and all other attendant benefits to the petitioner. For Petitioner : Mr.G.B.Saravanabhavan For Respondents : Mr.S.Muthuraj

O R D E R

The petitioner challenges the order dated 18.07.2007 on the file of third respondent, whereby and whereunder he was removed from service.

2. When the Writ Petition was taken up for hearing, the learned Standing Counsel for TASMAC, on instructions, submitted that though the impugned order would appear as if it is an order of dismissal, it is actually only an order of suspension. According to the learned counsel, the third respondent would conduct disciplinary proceedings in the subject matter by issuing a charge memo to the petitioner and the entire proceedings would be disposed of within a period of three months. The learned counsel further submitted that subsistence allowance whould be paid to the petitioner during the currency of proceedings.

3.

The third respondent is directed to conclude the disciplinary proceedings as expeditiously as possible, and in any case within a period of three months from the date of receipt of a copy of this order. The petitioner should be paid subsistence allowance with effect from January 2015, till the disposal of the proceedings by the third respondent.

4. The Writ Petition is disposed of with the above direction. No costs. The connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ajr To

1. The Managing Director CMDA Buildings 2nd Block,, 4th floor Egmore, Chennai 8 2.The Senior Regional Manager TASMAC Regional Office No.735, 4th floor Annasalai LLA Building, Chennai 2

3.The District Manager Chennai South, No.B4, Ambattur Industrial Estate Ambathur, Chennai 58 + 1 cc to Mr.S.Muthuraj, Advocate SR.11358 + 1 cc to Mr.M/s. G.B. Saravanabhavan, Advocate SR.12764 PPA(CO) EU 19 .03.2015 W.P.No.265 of 2015