J.Kannan, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.06.2016
CORAM
THE HON'BLE MR. JUSTICE B.RAJENDRAN W.P.Nos.19578 to 19580 of 2016 and W.M.P.Nos.16918 to 16923 of 2016 J.Kannan .. Petitioner in W.P.No.19578 of 2016 A.Kesavan .. Petitioner in W.P.No.19579 of 2016 Elangovan .. Petitioner in W.P.No.19580 of 2016 vs 1.
The Managing Director Tamil Nadu State Marketing Corporation Limited 4th Floor, CMDA Tower-2 Egmore, Chennai 600 008.
2.
The District Manager Tamil Nadu State Marketing Corporation Limited Tiruvarur District.
.. Respondents in all W.Ps.
Petitions filed under Article 226 of the Constitution of India, praying this Court for the issue of a Writ of certiorarified mandamus to call for the records relating to the second respondent's proceedings vide their Na.Ka.No.198/2015/A1 dated 18.01.2016; to quash the same and to consequently direct the second respondent to reinstate the petitioners with back wages and other monetary benefits pursuant to their representation dated 23.04.2016.
For Petitioners ... Mr.T.Muruganantham in all W.Ps.
For Respondents ... Mr.Nedunchezhiyan in all W.Ps.
Standing Counsel for TASMAC
COMMON ORDER The prayer in these writ petitions is for the issuance of a Writ of certiorarified mandamus to call for the records of the impugned proceeding passed by the second respondent in Na.Ka.No.198/2015/A1 dated 18.01.2016; to quash the same and to consequently direct the second respondent to reinstate the petitioners with back wages and other monetary benefits pursuant to their representation dated 23.04.2016.
2. Heard the learned counsel appearing for the petitioners and Mr.Nedunchezhiyan, learned Standing Counsel for TASMAC, who took notice on behalf of the respondents.
3. The case of the petitioners is that when the second respondent herein conducted surprise inspection in the TASMAC shops, where the petitioners are working, he found certain liquor bottles kept in an open condition. Therefore, based on the complaint of the second respondent, criminal action was taken as against the petitioners. According to the petitioners, after full fledged trial, all the three accused/petitioners were acquitted. However, they were suspended from their service vide the impugned order of the second respondent dated 18.01.2016. Hence, the present writ petitions seeking to quash the same and to direct the second respondent to reinstate them into service along with back wages and other monetary benefits.
4. Learned counsel for the petitioners would submit that even though the order of acquittal as against the petitioners have been passed on 30.12.2015, the second respondent has passed the impugned suspension order on 18.01.2016 without taking into consideration the acquittal order.
5.
When the matter is taken up for hearing, Mr.Nedunchezhiyan, learned Standing Counsel appearing on behalf of the respondents submitted that as against the impugned order, the petitioners have got an appeal remedy before the appellate authority and that the petitioners without exhausting the same has approached this Court by way of these writ petitions.
6. Considering the facts and circumstances of the case and also taking into account the fact that there is an appeal remedy for the petitioners, without going into the merits of the matter, all these writ petitions are dismissed granting liberty to the petitioners to approach the Appellate Authority concerned for redressal of their grievance. No costs. Consequently, the connected miscellaneous petitions are closed. -s/dAssistant Registrar(CSII) True Copy Sub-Assistant Registrar vj2 To 1.
The Managing Director Tamil Nadu State Marketing Corporation Limited 4th Floor, CMDA Tower-2 Egmore, Chennai 600 008.
2.
The District Manager Tamil Nadu State Marketing Corporation Limited Tiruvarur District.
+1 cc to M/s.T.Muruganantham Advocate sr.31329 +1 cc to Special Government Pleader sr.31560 +1 cc to M/s.B.Nedunchezhiyan Advocate sr.31379 W.P.Nos.19578 to 19580 of 2016 rk(co) aa22/06/2016