Vellaiyadevan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and WMP No.29775 of 2023 Vellaiyadevan
...Petitioner
-Vs1.The Managing Director, Tamil Nadu State Marketing Corporation Limited,(TASMAC) IV Floor, CMDA Tower II, Chennai-8.
2. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited, Salem.
3. The District Manager, Tamil Nadu State Marketing Corporation Limited, Salem
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records in pursuant to the proceedings of the 3rd respondent in Se.Mu.Na.Ka.No.1120/2022/A-4/CV dated 29.09.2023 and quash the same as arbitrary, illegal and unjust in Law and consequently direct the respondents to reinstate the petitioner in the post of Supervisor. 1/4
For Petitioner : Mr.M.Manimaran For Respondents : Mr.M.Sekar Standing Counsel
ORDER
Heard Mr.M.Manimaran, learned counsel for the petitioner and Mr.M.Sekar, learned Standing Counsel for the respondents.
2. The order of suspension dated 29.09.2023 is put under challenge in the present writ petition.
3. Pending writ petition, the respondents have framed charges against the petitioner and after enquiry, the Report has also been filed by the Enquiry Officer on 18.11.2023 holding that the charges has not proved. It is also stated that final order is yet to be passed.
4. By taking note of the fact that the enquiry has commenced, I am of the view that the disciplinary authority is granted liberty to pass final orders within the stipulated time.
2/4
5. In view of the above findings and observations, there shall be a direction to the third respondent herein to pass final orders after extending due opportunity to the petitioner herein on the final report of the Enquiry Officer dated 18.11.2023 within a period of one month from the date of receipt of a copy of this order.
6. In view of the above direction, no interference is required to the impugned order of suspension. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. 14.12.2023 Index:Yes/No Internet:Yes/No sr To 1.The Managing Director, Tamil Nadu State Marketing Corporation Limited,(TASMAC) IV Floor, CMDA Tower II, Chennai-8.
2. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited, Salem.
3. The District Manager, Tamil Nadu State Marketing Corporation Limited, Salem 3/4
M.S.RAMESH,J., sr 14.12.2023 4/4