R.Sankar v. The Senior Regional Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.Nos.22706 & 22709 of 2023 & WMP.Nos.22152, 22153, 22156 & 22158 of 2023 R.Sankar ... Petitioner in W.P.No.

22706 of 2023 Murugesan .. Petitioner in W.P.No.

22709 of 2023 Vs

1. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., Trichy.

2. The District Manager, Tamil Nadu State Marketing Corporation Ltd., Perambalur.

...Respondents in both WPs

Prayer:- Writ Petitions filed under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus Calling for the records in pursuant to the proceedings of the second Respondent in Na.Ka. No.718 / 2023 /CV/ A1 dated 05.07.2023 and Na.Ka.No.645/2023/C.V./ 1/5

A1, dated 12.06.2023 respectively and quash the same as arbitrary illegal and unjust in Law and Consequently direct the respondents to reinstate the Petitioners in the Post of Supervisor. For Petitioner : Mr.M.Manimaran in both WPs For Respondents : Mr.C.Ramesh Standing Counsel for TASMAC - in both WPs COMMON ORDER These Writ Petitions have been filed to quash the proceedings of the second Respondent in Na.Ka. No.718 / 2023 /CV/ A1 dated 05.07.2023 and Na.Ka.No.645/2023/C.V./ A1, dated 12.06.2023 respectively as arbitrary, illegal and unjust in Law and Consequently direct the respondents to reinstate the Petitioners in the Post of Supervisor.

2. The impugned Order has been mainly challenged on the ground that deficit amount has been deposited on the very next day. Hence, the writ petitioners seek to revoke the Order of suspension passed by the second respondent.

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3. A perusal of the records reveal that the inspection has been conducted on 05.07.2023 and during inspection it was found that there is deficit of a sum of Rs.52,350/- and some irregularities have also been found during the inspection and the petitioners were suspended from service. In suh view of the matter, as a matter of right, the suspension cannot revoked. However, the respondent shall conclude the disciplinary proceedings, if any, contemplated against the petitioners within a period of two months from the date of receipt of a copy of this Order.

4. With the above direction, these Writ Petitions are dismissed. Consequently, cnnected miscellaneous petitions are closed. No costs. 02.08.2023 Index:Yes/No vrc 3/5

To,

1. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., Trichy.

2. The District Manager, Tamil Nadu State Marketing Corporation Ltd., Perambalur.

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N.SATHISH KUMAR, J.

vrc WP.Nos.22706 & 22709 of 2023 02.08.2023 5/5