G.Sadanandan v. The Appellate Authority,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :01.08.2019
CORAM
THE HONOURABLE Mr. JUSTICE V.PARTHIBAN W.P.No.21317 of 2019 G.Sadanandan ... Petitioner Vs.
1.The Appellate Authority, The Managing Director, TASMAC Ltd., 4th Floor, CMDA Tower - II, Egmore, Chennai - 600 008.
2.The Senior Regional Manager, TASMAC Ltd., Chennai Region, No.735, LLA Building, Anna Salai, Chennai - 600 002.
3.The District Manager, TASMAC Ltd., Tiruvallur (East) District, No.1, Chennai Bangalore National Highway, Depot I & II, Thirumazisai, Tiruvallur District - 600 123.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent herein to dispose of the Appeal dated 09.06.2018 filed by the petitioner before the 1st respondent on merits and in accordance with law.
For Petitioner : Mr.J.Ashok For Respondents : Mr.K.Sathishkumar Standing Counsel
ORDER
The petitioner was employed as Salesman in the 1st respondent Corporation having been appointed vide appointment order dated 29.11.2003. He was a Salesman at the TASMAC Retail Outlet vide Shop No.8784 at Kolathur, Chennai. While so, a show cause notice was issued on 11.07.2014 calling upon the petitioner as to why he should not be terminated from service for unauthorised absence from 01.03.2014. In response to the show cause notice, a detailed reply has been submitted by the petitioner in 2014 to
the 3rd respondent herein.
2.According to the petitioner, his posting in different shop was not informed to him by his superior Supervisor with whom the petitioner had differences of opinion. But despite the explanation, the 3rd respondent passed order on 23.01.2018 terminating the petitioner from service. Earlier, the petitioner approached this Court in W.P.No.7957 of 2017 seeking direction to the authorities to provide attendance register to enable him to sign the attendance register. However, when the writ petition was pending, termination order was issued by the 3rd respondent. As against the termination order of the 3rd respondent, an appeal preferred before the 2nd respondent on 05.04.2018. However, the same was rejected on 26.04.2018 confirming the order of termination.
In the said circumstances, the petitioner filed a further revision against the order passed by the 2nd respondent to the 1st respondent on 09.06.2018. But till date, the revision petition has not been disposed of. Therefore, the petitioner is before this Court for issuance of writ of mandamus. 3.After notice, Mr.K.Sathishkumar, learned counsel has entered appearance on behalf of the respondents. The learned counsel appearing for the respondents would submit that since the revision petition/appeal is pending before the 1st respondent, the 1st respondent may be directed to dispose of the revision/appeal within a time to be stipulated by this Court. 4.
The 1st respondent is directed to consider the revision/appeal filed by the petitioner on 09.06.2018 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.
s/d- Assistant Registrar(CS V) True Copy Sub-Assistant Registrar Sgl
To 1.The Appellate Authority, The Managing Director, TASMAC Ltd., 4th Floor, CMDA Tower - II, Egmore, Chennai - 600 008.
2.The Senior Regional Manager, TASMAC Ltd., Chennai Region, No.735, LLA Building, Anna Salai, Chennai - 600 002.
3.The District Manager, TASMAC Ltd., Tiruvallur (East) District, No.1, Chennai Bangalore National Highway, Depot I & II, Thirumazisai, Tiruvallur District - 600 123.
+1 CC to Mr.Sathish Kumar, advocate sr 66026. +1 CC to Mr.J.Ashok, Advocate sr 65791.
W.P.No.21317 of 2019 MG(CO) SP(05/08/2019)