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Madras High CourtWP/18390/2022disposed of

P.Murugesan v. The Managing Director

2023-01-05Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:05.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.18390 of 2022 & W.M.P.No.17737 of 2022 P.Murugesan ... Petitioner vs.

1 The Managing Director, Tamil Nadu state Marketing Corporation Ltd., (TASMAC), 4th floor, CMAD Building Tower - II, Chennai 600 008.

2 The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited, Coimbatore.

3 The District Manager, Tamil Nadu state Marketing Corporation Ltd., Tiruppur.

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Certiorarified Mandamus Calling for the records in pursuant to the proceedings of the 3rd Respondent in Na.ka.No. 138 / 2022 / A1 dated 27.01.2022 and quash the same as arbitrary illegal and unjust in Law and consequently direct the respondents to reinstate the petitioner in the post of Salesman.

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For Petitioner : Mr.M.Manimaran For Respondents : Mr.K.Sathish Kumar

ORDER

This writ petition has been filed challenging the proceedings of the third respondent dated 27.01.2022.

2. The grievance of the petitioner in this writ petition is that he was suspended from service on 27.01.2022. Till date, the suspension order has not been reviewed by the respondents. According to him, it is a prolonged suspension. Counter has also not been filed by the respondents till date. The petitioner has given a representation on 20.06.2022 requesting them to revoke the impugned suspension order.

3. However, learned counsel for the petitioner on instructions would now submit that the petitioner will be satisfied, if the respondents are directed to pass final orders on merits and in accordance with law on the petitioner's representation dated 20.06.2022 seeking for revocation of the impugned suspension order within a time frame to be fixed by this Court. 2/5

4. Heard Mr.M.Manimaran, learned counsel for the petitioner and Mr.K.Sathish Kumar, learned Standing Counsel appearing for the respondents.

5. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law within a time frame to be fixed by this Court.

6. For the foregoing reasons, this Court directs the second respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 20.06.2022 seeking for revocation of the impugned suspension order dated 27.01.2022 within a period of eight weeks from the date of receipt of a copy of this Order.

7. With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 05.01.2023 nl Index:Yes/No Internet:Yes/No Speaking/Non-speaking orders 3/5

To 1 The Managing Director, Tamil Nadu state Marketing Corporation Ltd., (TASMAC), 4th floor, CMAD Building Tower - II, Chennai 600 008.

2 The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited, Coimbatore.

3 The District Manager, Tamil Nadu state Marketing Corporation Ltd., Tiruppur.

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ABDUL QUDDHOSE, J.

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