G.Kumar v. The Regional Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2024

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P. Nos. 24315 and 24316 of 2020 G.Kumar ... Petitioner Vs.

The Regional Manager, Tamil Nadu Civil Supplies Corporation, Cuddalore Region, Cuddalore.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to the impugned order of the respondent in Na. Ka. No. C1/03976/2020 dated 11.09.2020 and quash the same insofar as the petitioner is concerned. For Petitioner : Mr.P.Manojkumar For Respondent : No appearance ***** 1/5

O R D E R

The instant Writ Petition has been filed in respect of recovery of an order passed against the petitioner on account of a shortage of 450 bags of rice from the respondent/Corporation, which costs around Rs. 7,00,000/-. In this matter, the petitioner's share was assessed as Rs. 59,000/-, and he was directed to pay the same.

2. It appears that the said amount has been recovered from the petitioner's salary. At this juncture, the learned counsel for the petitioner would submit that the respondent has also initiated disciplinary proceedings against him and has passed an order imposing the punishment of withholding of increment for one year with cumulative effect. Such order is now challenged before the Appellate Authority, and the same is still pending.

3. There is no representation on the behalf of the respondent when the matter is called today.

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4. The fact remains that the very recovery order has been passed only upon the charge that he is also responsible for the shortage. Therefore, the validity of the recovery order is subject to the ultimate finding in the disciplinary proceedings. As of now, the charge against the petitioner has been proved; therefore, this Court finds no merits in the Writ Petition. However, it is made clear that, subject to the outcome of the disciplinary proceedings, if the petitioner is ultimately discharged from all the charges, then the respondent must consider the request of the petitioner to refund the recovered amount of Rs. 59,000/-.

5. With the above observations, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs. 21.10.2024 kv Index : Yes/No Speaking order /Non Speaking Order 3/5

To The Regional Manager, Tamil Nadu Civil Supplies Corporation, Cuddalore Region, Cuddalore.

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C.KUMARAPPAN, J.

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