C.Srinivasan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2022

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.Nos.18695 and 18697 of 2022 C.Srinivasan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., Chennai - 600 008.

2.The District Manager, Arakkonam District, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), SIPCOT, Ranipet Vaalaja Taluk, Vellore District.

... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the order passed by the respondent dated 23.01.2017 in Na.Ka.No.A2/968/C.V/2015 and quash the same and direct the respondent to revoke the order of suspension and reinstate the petitioner into service with all service and monetary benefits.

For Petitioner :

Ms.P.Mahalakshmi For Respondents :

Mr.K.Balakrishnan Standing Counsel 1/5

ORDER

This Writ Petition has been filed challenging suspension order dated 23.01.2017 passed against the petitioner.

2. Learned counsel for the petitioner submits that despite several representations given to the respondents, seeking for revocation of the above mentioned suspension order and also requesting them to pay subsistence allowance, till date, the petitioner's representations have not been considered. She would now submit on instructions that the petitioner will be satisfied for the present, if the petitioner's representation seeking for revocation of his suspension and for payment of subsistence allowance is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

3. The learned counsel for the petitioner would also submits that the petitioner is willing to give a fresh representation to the respondents.

4. No prejudice would be caused to the respondents if the petitioner is allowed to give a fresh representation for the aforementioned purpose and a 2/5

direction is issued to the respondents to consider the same on merits and in accordance with law, within a time frame to be fixed by this Court.

5. For the foregoing reasons, this Writ Petition is disposed of by directing the petitioner to submit a fresh representation to the second respondent, seeking for revocation of his suspension on 10.06.2015 and for payment of his subsistence allowance during the period of his suspension within a period of one week from the date of receipt of a copy of this order. On receipt of the said representation, the second respondent shall pass final orders on merits and in accordance with law within a period of six weeks thereafter. If the petitioner is aggrieved by the final order passed by the second respondent, he is at liberty to challenge the same in the manner known to the petitioner under law.

6. With the aforementioned directions, this Writ Petition is disposed of. No Costs. Consequently, the connected Writ Miscellaneous Petitions are closed.

31.10.2022 Index : Yes/No Speaking Order : Yes / No ab 3/5

To 1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., Chennai - 600 008.

2.The District Manager, Arakkonam District, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), SIPCOT, Ranipet Vaalaja Taluk, Vellore District.

4/5

ABDUL QUDDHOSE. J., ab 31.10.2022 (1/2) 5/5