K.Balamurugan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.11.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE K.Balamurugan ... Petitioner Vs
1. The Managing Director, Tamil Nadu State Marketing Corporation, (TASMAC), CMDA Tower-II, 4th floor, Egmore, Chennai - 600 008.
2. The Senior Regional Manager (TASMAC), District Collector Office, Old Building First Floor, DRO Chamber, Tiruchirappalli - 620 001.
3. The District Manager, Tamil Nadu state Marketing Corporation (TASMAC), No.72, C.P.3, SIDCO Estate, BHEL Nagar, Thuvakudi, Trichy - 620 015.
... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 1st respondent to pay the subsistence allowance during the period of pending departmental proceeding 1/5
and reinstate the petitioner in service by considering the petitioner's representation dated 21.06.2022 as per the proceeding issued by 3rd respondent dated 18.03.2022.
For Petitioner ...
Mr.K.Ramesh Kumar For Respondents ...
Mr.K.Sathish Kumar, Standing Counselfor TASMAC
O R D E R
This writ petition has been filed for a Mandamus seeking for a direction to the 1st respondent to pay the subsistence allowance during the period of pending departmental proceedings and reinstate the petitioner in service based on the petitioner's representation dated 21.06.2022 within a time frame to be fixed by this Court.
2. Heard, Mr.K.Ramesh Kumar, learned counsel for the petitioner and Mr.K.Sathish Kumar, learned Standing Counsel appearing for the respondent TASMAC. By consent of both the parties, the writ petition is taken up for final disposal.
3. As seen from the affidavit filed in support of this writ petition, the petitioner was imposed with the punishment for the misappropriation 2/5
committed by him and he was called upon to pay the amount of misappropriation along with interest. The petitioner claims that he has paid the entire amount as per the punishment order. He has given a representation on 21.06.2022 seeking for reinstatement as well as for payment of subsistence allowance for the period of his suspension on the ground that he had paid the entire amount as per the punishment order. Since the representation has not been considered till date, he has filed this writ petition.
4. The 3rd respondent has forwarded the representation of the petitioner to the 1st respondent who is the competent authority to pass final orders on the petitioner's representation. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law within a time frame to be fixed by this Court.
5. For the foregoing reasons, this Court directs the 1st respondent to pass final orders on the petitioner's representation dated 21.06.2022 seeking for payment of subsistence allowance during the period of his suspension and for reinstatement of his service, on account of the fact that he has paid the entire amount as per the punishment order, within a period of eight weeks from the date of receipt of a copy of this order. 3/5
6. With the aforesaid direction, this Writ Petition is disposed of. No costs.
03.11.2022 Index: Yes/ No Speaking Order/Non-speaking Order vsi To
1. The Managing Director, Tamil Nadu State Marketing Corporation, (TASMAC), CMDA Tower-II, 4th floor, Egmore, Chennai - 600 008.
2. The Senior Regional Manager (TASMAC), District Collector Office, Old Building First Floor, DRO Chamber, Tiruchirappalli - 620 001.
3. The District Manager, Tamil Nadu state Marketing Corporation (TASMAC), No.72, C.P.3, SIDCO Estate, BHEL Nagar, Thuvakudi, Trichy - 620 015.
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ABDUL QUDDHOSE, J.
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