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Madras High CourtWP/18706/2023allowed

Shankar v. The Senior Regional Manager

2023-12-21Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

CORAM:

DATED: 21.12.2023 THE HONOURABLE MR.JUSTICE M.S.RAMESH W.M.P.No.17944 of 2023 Shankar ... Petitioner vs

1. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd (TASMAC), Chennai-600 002.

2. The District Manager, Tamil Nadu State Marketing Corporation Ltd (TASMAC), Tiruvallur (West), Thiruvallur District .... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the respondents in connection with the impugned order passed by the 2nd respondent in Se.Mu.Ka.No.A1/75/2023 dated 10.03.2023 and quash the same and further direct the 2nd respondent to reinstate the petitioner into service with all consequential service and monetary benefits.

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For Petitioner : Mr.R.Dhinesh Kumar For Respondents : Mr.K.Balakrishnan Standing Counsel

ORDER

Through the impugned order dated 10.03.2023, the respondents had dismissed the petitioner from service without conducting any enquiry and in view of this procedural irregularities, an order of interim stay was granted on 23.06.2023.

2. Today when the matter is taken up for hearing, learned Standing Counsel for the respondents submitted that the respondents have erroneously used the term "dismissal" instead of "suspension" and therefore, submitted that if the impugned order is set aside and liberty is granted to them to take fresh action, they have no objection.

3. Recording the above submission of the learned Standing Counsel for the respondents, the impugned order passed by the 2nd respondent dated 10.03.2023 is quashed and the respondents are at liberty to take necessary steps, if they choose to do so, as against the alleged charge referred to in the present impugned order. 2/4

4. With the above observation, the writ petition is allowed. No costs. Consequently connected miscellaneous petition is closed. 21.12.2023 1/2 Index:yes/no Speaking order/Non-speaking order sr To

1. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd (TASMAC), Chennai-600 002.

2. The District Manager, Tamil Nadu State Marketing Corporation Ltd (TASMAC), Tiruvallur (West), Thiruvallur District 3/4

M.S.RAMESH,J., sr 1/2 21.12.2023 4/4