D.Rajendran v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.33061 of 2024 D.Rajendran .. Petitioner Vs.

1.The Managing Director, TASMAC office of Managing Director TASMAC Ltd., 4th Floor CMDA Tower-II, Egmore, Chennai - 600 008.

2.The Senior Regional Manager, TASMAC, Coimbatore - 641 004.

3.The District Manager, TASMAC, Erode District - 638 316.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned suspension order issued by the 3rd respondent in Na.Ka.No.652/2024/R1, dated 02.09.2024 and quash the same, consequently direct the respondents to reinstate the petitioner as a Supervisor in Shop No.3463.

For petitioner :

Mr.S.Kuberan For Respondents :

Mr.M.Sekar Standing Counsel 1/4

O R D E R

This Writ Petition has been filed challenging the proceedings of the 3rd respondent dated 02.09.2024 and for a consequential direction to the respondents to reinstate the petitioner to his original position. 2.Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.

3.The case of the petitioner is that he was working as Supervisor at TASMAC Shop. On 09.08.2024, a surprise check was made and it was found that the Salesman was selling the liquor bottles for an excess amount of Rs.10/- more than the MRP rate. In view of the same, proceedings were initiated and the 3rd respondent issued the impugned proceedings dated 02.09.2024 and thereby, the petitioner was suspended from service. The same has been put to challenge in the present writ petition.

4.In the considered view of this Court, the petitioner is a first time offender and he is governed by a circular issued by the Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC), dated 21.01.2019, which deals with the manner in which the first time 2/4

offender will have to be dealt with. This issue was also considered by this Court in the earlier order passed in W.P.No.27468 of 2024, dated 18.09.2024.

5.In view of the above, the impugned proceedings dated 02.09.2024 of the 3rd respondent is hereby set aside. There shall be a direction to deal with the issue in line with the circular issued by the Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC), dated 21.01.2019 and pass appropriate orders within a period of two (2) weeks from the date of receipt of a copy of this order. 6.Accordingly, this Writ Petition is allowed with the above direction. Consequently, the connected Miscellaneous Petition is closed. No costs.

17.10.2024 krk Index : Yes / No Internet : Yes / No : Yes / No N.ANAND VENKATESH, J.

krk 3/4

To 1.The Managing Director, TASMAC office of Managing Director TASMAC Ltd., 4th Floor CMDA Tower-II, Egmore, Chennai - 600 008.

2.The Senior Regional Manager, TASMAC, Coimbatore - 641 004.

3.The District Manager, TASMAC, Erode District - 638 316.

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