Madras High CourtWP(MD)/587/2022disposed of

Ganesan.P v. The Senior Regional Manager

2022-01-19Honourable Mr Justice B.Pugalendhi2 pages

W.P(MD)No.587 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2022

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.587 of 2022 P.Ganesan ... Petitioner Vs.

1.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), Plot no.100, Anna Nagar, Madurai-625 020.

2.The District Manager, Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), C-104, Sipcot Industrial Complex, Madurai to Thoothukudi Bye Pass Road, Thoothukudi-628 008 ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to dispose of the petitioner's Appeal Petition dated 10.09.2020 within the time limit as stipulated by this Court. For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.B.Jameel Arasu

ORDER

Heard Mr.G.Thalaimutharasu, learned counsel appearing for the petitioner and Mr.B.Jameel Arasu, learned counsel appearing for the respondents.

2.This Writ Petition has been filed seeking for issuance of Writ of Mandamus, to direct the first respondent to dispose of the petitioner's Appeal Petition dated 10.09.2020 within the time limit as stipulated by this Court.

3. According to the petitioner, while he was working as a Salesman in a TASMAC shop, disciplinary proceedings were initiated against him for the allegation that he attempted to open the TASMAC shop on 23.04.2020 at about 11.30 a.m. during the lockdown imposed by the Government in lieu of Covid-19. After conducting enquiry, by proceedings, dated 31.08.2020, the 2nd respondent inflicted punishment of dismissal from service against the petitioner. Aggrieved by the same, the petitioner preferred an appeal dated 10.09.2020 before the 1st respondent. The grievance of the petitioner is that despite 11 months from the date of preferring the appeal, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.587 of 2022 the 1st respondent has not disposed of the appeal. Hence, the petitioner has come forward with the present Writ Petition, seeking a direction to the 1st respondent to dispose of the appeal within a stipulated time.

4.Considering the facts and circumstances of the case and since the appeal has been pending before the 1st respondent, this Court directs the 1st respondent to consider and dispose of the appeal dated 10.09.2020 in accordance with law and on merits, within a period of six weeks from the date of receipt of a copy of this order.

5.The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) dn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), Plot no.100, Anna Nagar, Madurai-625 020.

2.The District Manager, Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), C-104, Sipcot Industrial Complex, Madurai to Thoothukudi Bye Pass Road, Thoothukudi-628 008 +1 CC to M/s.G.THALAIMUTHARASU, Advocate ( SR-1655[F] dated 19/01/2022 ) W.P(MD)No.587 of 2022 19.01.2022 RD(25.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2