P.Thiru Kumar, v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.36028 of 2015 P.Thiru Kumar

...Petitioner

Vs.

1. The Managing Director, TASMAC Limited, Egmore, Chennai - 8.

2. The Senior Zonal Manager, TASMAC Limited, Salem - 16.

3. The District Manager, TASMAC Limited, Arakkonam, Vellore District.

...Respondents

Prayer:

The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 1st respondent to reinstate the petitioner in service as a Sales man in TASMAC Shop No.11361, Sumaithangi, Arakkonam District based on the petitioner's representation dated 28.09.2015.

For Petitioner :

Mr.M.Rajendiran For Respondents :

Mr.C.Kasirajan

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The case of the petitioner is that he was joined as a Sales Man in the TASMAC Shop No.11361, Sumaithangi, Arakkonam District on 29.11.2003. While so, he was placed under suspension on 02.12.2013 on the allegation that on TOP STAR Brandy 180 ml bottle was broken. The third respondent issued a charge memo on 13.03.2014 and after the enquiry proceedings, the disciplinary authority found that the charges were proved and passed an order of removal from service on 28.04.2015. Aggrieved by the order, he preferred an appeal before the second respondent, which was also confirmed by him.

3. The grievance of the petitioner is that he gave a representation to the first respondent on 28.09.2015. But, it was not yet disposed of despite request of early hearings and disposal. Hence, the present writ petition.

4. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

5. This Court, considering the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the first respondent to consider and dispose of the petitioner's representation dated 28.09.2015 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. With the above said directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar

sms To

1. The Managing Director, TASMAC Limited, Egmore, Chennai - 8.

2. The Senior Zonal Manager, TASMAC Limited, Salem - 16.

3. The District Manager, TASMAC Limited, Arakkonam, Vellore District.

1 CC to Mr.M.Rajendiran, Advocate SR.No. 61496 1 CC to Mr.C.Kasirajan, Advocate SR.No. 61478 W.P.No.36028 of 2015 VS (CO) PSI (07.02.2015)