← Library
Madras High CourtWP/26743/2016disposed of

M.Sekar, S/O.Manickam, v. The Managing Director,

2016-08-29Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.No.26743 of 2016 WMP.No.22963 and 22964 of 2016 M.Sekar Petitioner Vs 1.The Managing Director, TASMAC, Chennai-2 2.The General Manager, TASMAC, Chennai-2 3.The District Manager, TASMAC, Kakkalur, Respondents Tiruvallur Now the changed address:

The District Manager, T.N.S.MAC, Thiruvallur (East) District, Sembarampakkam Prayer:- This Writ Petition is filed to issue a Writ of Certiorarified Mandamus to call for the records in Se.Mu.Na.Ka.No.R-1/23741/2014, dated 21.07.2015 of the 1st Respondent and in Se.Mu.Order No.358/A3/2013 dated 13.11.2013 of the 2nd Respondent and Se.Mu.Ka.No.A2-2997-2010, dated 12.01.2011 of the 3rd Respondent and to quash the same and to direct the Respondents to reinstate the Petitioner in service with all service, monetary and attendant benefits. For Petitioner :

Mr.Lesi Saravanan For Respondent :

Mr.Kasirajan, Standing Counsel

ORDER

This Writ Petition is filed to issue a Writ of Certiorarified Mandamus to call for the records in Se.Mu.Na.Ka.No.R-1/23741/2014, dated 21.07.2015 of the 1st Respondent and in Se.Mu.Order No.358/A3/2013 dated 13.11.2013 of the 2nd Respondent and Se.Mu.Ka.No.A2-2997-2010, dated 12.01.2011 of the 3rd Respondent and to quash the same and to direct the Respondents to reinstate the Petitioner in service with all service, monetary and attendant benefits.

2. This court heard the learned counsel on either side and also perused the materials placed on record.

3. After some elaborate arguments by the learned counsel on either side, it is brought to the notice of this court that the co-employees, viz. P.Natarajan and T.Lokesh, who have been charge sheeted for the very same offence in the very same occurrence by the very same impugned order, have filed Writ Petitions in WP.Nos.5526 and 14959 of 2014, wherein this court by orders dated 25.03.2014 and 11.06.2014, while setting aside the impugned orders therein, directed the concerned District Manager to conduct enquiry and thereafter pass final orders in accordance with law, within a period of four months and in the mean while, to reinstate the Petitioners therein in service and the same order may be passed in this Writ Petition also.

4. Therefore, following the said orders dated 25.03.2014 and 11.06.2014 made in WP.Nos.5526 and 14959 of 2014 in respect of the co-employees, who have been charge sheeted for the very same offence by the very same impugned order, in the case on hand also, the concerned District Manager herein is directed to conduct enquiry and pass final orders, on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order and in the mean while, it is directed that the Petitioner herein shall be reinstated in service.

5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected MPs are closed.

Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

Srcm To:

1.The Managing Director, TASMAC, Chennai-2 2.The General Manager, TASMAC, Chennai-2

3.The District Manager, TASMAC, Thiruvallur (East) District Sembarampakkam +1 CC to Mr. C. Kasi Rajan, Advocate (Sr.No.48704) +1 CC to M/s. Lesi Saravanan (Sr.No.26743) WP.No.26743 of 2016 GJ (CO) MD : 19/09/2016