R.Venkatesan (Salesman) v. Tamil Nadu State Marketing Corporation Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.24984 OF 2019 AND W.M.P.NO.24568 OF 2019 P.Venkatesan ..Petitioner Vs 1.

Tamil Nadu State Marketing Corporation Ltd., Represented by its Managing Director, Gandhi Irvin Road, Egmore, Chennai - 600 008.

2.

The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., TASMAC Regional Office, Salem - 636 016.

3.

The District Manager, Tamil Nadu State Marketing Corporation Ltd, (TASMAC), Vellore - 632 001.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ order or direction in the nature of writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 21.07.2018 and review the petitioner's suspension in the light of G.O.Ms.No. 40 Personal & Administrative reforms (N) Department dated 30.01.1996. For Petitioner : Mr.M.Ramamoorthy For Respondents : Mr.Arumugarajan

O R D E R

The prayer sought for herein in this Writ Petition is for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 21.07.2018 and review the petitioner's suspension in the light of

G.O.Ms.No. 40 Personal & Administrative reforms (N) Department dated 30.01.1996.

2. The case of the petitioner is that the petitioner has joined as a Sales Man at Adukkamparai Tasmac Shop, and he was suspended on 10.06.2017 vide an order passed by the 3rd respondent on being allegedly involved in a criminal case under Sections 146, 148, 294(b), 323, 324, 307, 506 (ii) and 302 IPC in Cr.No. 54/2017 on the file of Ariyur Police Station. He made a representation on 21.07.2018 to the respondents requesting them to review his suspension in the light of G.O.Ms.No.40 Personal & Administrative reforms (N) Department dated 30.01.1996 and permit him to join duty at the earliest. The petitioner's representation has not been considered at all and hence this writ petition.

3. The learned counsel for the petitioner would further submit that it would be suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 21.07.2018 within a time frame.

4. Without expressing any opinion on merits, I am inclined to issue a direction to the respondents to dispose of the Writ Petitioner's representation dated 21.07.2018, within a period of twelve weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kmm To 1.

Tamil Nadu State Marketing Corporation Ltd., Represented by its Managing Director, Gandhi Irvin Road, Egmore, Chennai - 600 008.

2.

The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., TASMAC Regional Office, Salem - 636 016

3.

The District Manager, Tamil Nadu State Marketing Corporation Ltd, (TASMAC), Vellore - 632 001.

+1cc to Mr.M.Ramamoorthy, Advocate, S.R.No.76421 W.P.No.24984 of 2019 NRL(CO) CS/21/01/2020