G.Suresh v. The Senior Regional Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.42744 of 2016 G.Suresh ... Petitioner Vs.
1. The Senior Regional Manager Ltd., [TASMAC], 4th Floor, LLA Buildings, Anna Salai, Chennai-2.
2. The District Manager Limited [TASMAC], Kakallur, Thiruvallur 602 001.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 1st respondent to disposal of petitioner appeal made to the 1st respondent dated 01.01.2016 and additional explanation dated 06.09.2016 against the dismissal order passed by the 2nd respondent in his proceedings Su.Mu.N.No.A4/2016/2015 dated 30.11.2015.
For Petitioner :
Mr.J.Ramkumar For R1 & R2 :
Mr.C.Kasirajan
ORDER
By consent, the writ petition is taken up for final disposal.
2.
The petitioner, while working as a Salesman in the Tamil Nadu State Marketing Corporation [TASMAC] Limited, Shop No.117, located at Door No.755, Thiruvotriyur High Road, Thiruvotriyur, Tiruvallur District, is said to have mixed water in liquor and it was detected by the Flying Squad on their surprise visit on 20.11.2014 and thereafter, the petitioner was not assigned with any work from 21.11.2014 and according to the petitioner, he has not been issued with either the order of suspension or any other orders. The petitioner, in the form of representation dated 27.01.2015, requested the respondents to reinstate him in service with all
consequential benefits and since it has not been given disposal, he filed WP.No.3734/2015 and this Court, has also passed order, directing the respondents to dispose of his representation within the stipulated time. However, the 2nd respondent, on receipt of the order, has placed the petitioner under suspension on 06.04.2015 and the Subsistence Allowance has also not been paid and therefore, once again the petitioner filed WP.No.19911/2015 and this Court, vide order dated 07.07.2015, has directed the respondents to pay the Subsistence Allowance within a stipulated time and since it was not complied with, the petitioner filed contempt petition in Cont.P.No.538/2016 and on receipt of the notice, in order to wreck vengeance, the 2nd respondent has passed the order of dismissal on 30.11.2015, which was received by the petitioner on 04.12.
2015. The petitioner challenging the order of dismissal, filed the Departmental Appeal on 01.01.2016 and also submitted additional explanation dated 06.09.2016 to the 1st respondent and despite lapse of time, it has not been given disposal and hence, the petitioner came forward to file the present writ petition.
3.
Heard the submissions of the learned counsel for the petitioner and Mr.C.Kasirajan, learned Standing Counsel who accepts notice on behalf of the respondents.
4.
This Court, taking into consideration, the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the 1st respondent to consider and dispose of the petitioner's Appeal Memorandum dated 01.01.2016 and the additional explanation dated 06.09.2016, on merits and in accordance with law and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
5.
The writ petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar AP To
1. The Senior Regional Manager Ltd., [TASMAC], 4th Floor, LLA Buildings, Anna Salai, Chennai-2.
2. The District Manager Limited [TASMAC], Kakallur, Thiruvallur 602 001.
+1cc to Mr.J.Ramkumar, Advocate, S.R.No.71868 W.P.No.42744 of 2016 SSI(CO) CA(09/01/2017)