C.Narayanamoorthy v. The District Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.42999/2016 C.Narayanamoorthy ..

Petitioner Vs 1.The District Manager TASMAC, [Tamilnadu State Marketing Corporation] Tiruvannamalai, Tiruvannamalai District.

2.The Senior Regional Manager TASMAC [Tamilnadu State Marketing Corporation], Salem District.

..

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 2nd respondent to pass orders on the appeal petition made by the petitioner dated 10.08.2015. For Petitioner :

Mr.R.Dhinesh Kumar For Respondents :

Mr.C.Kasirajan

ORDER

By consent, the writ petition is taken up for final disposal. Mr.C.Kasirajan, learned counsel accepts notice on behalf of the respondent.

The petitioner would state that he was appointed as a Salesman in the services of the Tamil Nadu State Marketing Corporation Limited [TASMAC], Tiruvannamalai, in the year 2003 and was posted as Salesman in TASMAC Shop No.9290, Tiruvannamalai and subsequently, posted to Shop No.9337. The petitioner claims that he has discharged his duties honestly and sincerely without any complaint. It is further stated that he was put on additional charge to Shop No.9431 and on 06.04.2014, a surprise check was conducted by the Senior Regional Manager and found that a

bottle was found open. A charge memo was issued and an Enquiry officer was also appointed. The petitioner denied the charge. However, without propertly appreciating the same, the Enquiry Officer found that the charge framed against the petitioner is proved, and based on which, the Disciplinary Authority has issued the order of termination. Challenging the same, the petitioner filed an appeal before the 2nd respondent on 10.08.2015 and since it has not been given disposal for more than one year, the petitioner is constrained to approach this Court by filing the present writ petition.

Heard the submissions of the learned counsel for the petitioner and Mr.C.Kasirajan, learned counsel appearing for the respondents.

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 2nd respondent to consider and dispose of the petitioner's Appeal Memorandum dated 10.08.2015 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

The writ petition stands disposed of with the above direction. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar AP

To 1.The District Manager TASMAC, [Tamilnadu State Marketing Corporation] Tiruvannamalai, Tiruvannamalai District.

2.The Senior Regional Manager TASMAC [Tamilnadu State Marketing Corporation], Salem District.

+1cc to M/S R.Dhinesh Kumar, Advocate Sr.72467 W.P.No.42999/2016 SV(CO) RVR 10/01/2017