K.Murugan v. The Tamil Nadu State Marketing

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.22733 of 2019 K.Murugan ... Petitioner Vs.

1.

The Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), Rep. by its Managing Director, "Thalamuthu Natarajan Maaligai", Gandhi - Irwin Road, Egmore, Chennai - 600 008.

2.

The Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), Rep. by its Senior Regional Manager, Fairlands, Salem, Salem District.

3.

Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), Rep. by its District Manager, Thadangam Village, Nallampalli Taluk, Dharmapuri, Dharmapuri District.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to direct the 1st respondent to forthwith reinstate the petitioner in service with all other monetary and service benefits as applicable to the petitioner's cadre by considering and passing orders on the Revision Petition of the petitioner dated 13.08.2015.

For Petitioner : Mr.K.Selvaraj For Respondents : Mrs.R.Janaki Additional Government Pleader

O R D E R

Mrs.R.Janaki, learned Additional Government Pleader, accepts notice on behalf of the respondents.By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner was appointed as a salesman by the 3rd respondent in the TASMAC shop and he has been in service for more than ten years. On 13.11.2013, the petitioner was suspended from service alleging that the petitioner sold one Old Admiral Select VSOP Brandy in loose to the customers, when inspected by the Senior Regional Manager on 12.04.2013. Charges were framed and the petitioner sent his explanation stated that the said bottle was broken and without considering the same, the petitioner was suspended. Thereafter an enquiry officer was appointed but without enquiry, the enquiry officer completed the equiry and filed a report. Thereafter, the 3rd respondent passed an order dated 19.03.2015 terminating the service of the petitioner. As against the order, the petitioner filed an appeal before the 2nd respondent and the same was dismissed on 10.07.2015. Thereafter, the petitioner filed a revision petition before the first respondent on 13.08.2015, till date that revision petition is not disposed of. Hence, the petitioner has filed the present writ petition.

3.Heard both sides.

4.The learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the 1st respondent to dispose of the revision petition filed by the petitioner within a stipulated time as fixed by this Court. 5.Considering the submission made by the learned counsel for the petitioner and in view of the restricted prayer as sought for by the petitioner, this Court is inclined to direct the 1st respondent to dispose of the revision petition within a period of twelve weeks from the date of receipt of copy of this order. 6.With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rm

To 1.

The Managing Director, The Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), "Thalamuthu Natarajan Maaligai", Gandhi - Irwin Road, Egmore, Chennai - 600 008. 2.

The Senior Regional Manager, The Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), Fairlands, Salem, Salem District.

3.

The District Manager, Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), Thadangam Village, Nallampalli Taluk, Dharmapuri, Dharmapuri District.

+1cc to Mr.K.Selvaraj, Advocate, S.R.No.76573 +1cc to the Government Pleader, S.R.No.76517 W.P.No.22733 of 2019 VBA(CO) CS/10/10/2019