Madras High CourtWP/31302/2024allowed

S.Balaji v. The Government Of Tamil Nadu

2024-10-22Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.Nos.33944 and 33946 of 2024 S.Balaji S/o.Subramanian Supervisor ... Petitioner Vs.

1.The Government of Tamil Nadu, rep. by its Commissioner, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC) C.M.D.A Tower-II, 4th Floor Egmore, Chennai -600 008 3.The Senior Regional Manager TASMAC Limited, Anna Salai, Chennai - 600 002.

4.The District Manager (Incharge) Tamil Nadu State Marketing Corporation Limited (TASMAC) Kancheepuram (South), Kancheepuram District.

... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records of the District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Orikai, Kancheepuram (South) District culminating in suspension order in Na.Ka.No.666/A1/2024 dated 02.09.2024 and quash the same and further direct the respondents to reinstate the petitioner into service as Supervisor in the respondent TASMAC Department with all service benefits to the petitioner from the date of his suspension till his reinstatement on the basis of representation dated 06.09.2024. For Petitioner : Ms.J.Kamalini For Respondents : Mr.P.Balathandayutham Special Government Pleader [R1] Mr.K.Balakrishnan Standing Counsel [R2 to R4] *****

O R D E R

This writ petition has been filed challenging the proceedings of the fourth respondent dated 02.09.2024 and for a consequential direction to respondents to reinstate the petitioner into service.

2. Heard Ms.J.Kamalini, learned counsel for petitioner, 2/6

Mr.P.Balathandayutham, learned Special Government Pleader appearing for first respondent and Mr.K.Balakrishnan, learned Standing Counsel appearing for respondent 2 to 4.

3. The petitioner was working as a Supervisor in TASMAC at Shop No.4388, Mamandur, Madhuranthagam Taluk, Kancheepuram (South) District. On 01.09.2024, 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 fourth 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 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 3/6

18.09.2024.

5. In view of the above, the impugned proceedings of the fourth respondent dated 02.09.2024 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 three (3) weeks from the date of receipt of a copy of this order. This writ petition is allowed with the above direction. No costs. Consequently, connected miscellaneous petitions are closed. 22.10.2024 Index: Yes/no Speaking Order/Non-Speaking Order gm 4/6

To 1.The Commissioner, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

4.The District Manager (Incharge) Tamil Nadu State Marketing Corporation Limited (TASMAC) Kancheepuram (South), Kancheepuram District.

N.ANAND VENKATESH, J 5/6

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