Ruban Austin I v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD)No.1012 of 2023 I.Ruban Austin ... Petitioner Vs.
1. The Managing Director, Tamil Nadu Corporation of Development of Women Limited, Annai Teresa Mahalir Valagam, 1st Floor, Valuvarkottam High Court, Nungambakkam, Chennai - 600 034.
2. The District Collector-cum-Chairman,, District Supply and Marketing Society, Thoothukudi District, Thoothukudi.
3. The Joint Director / Secretary, District Mission Management Unit, District Supply and Marketing Society, Thoothukudi District.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari calling for the records relating to the impugned order in the form of notice passed by the first respondent vide proceedings in Na.Ka.No.1047/HR/TNSRLM/2022, dated 05.01.2023 and quash the same.
For Petitioner :
Mr.B.Saravanan Senior Counsel for Mr.D.Kirubakaran For Respondents :
Mr.G.V.Vairam Santhosh Additional Government Pleader
O R D E R
The impugned order passed by the first respondent vide proceedings in Na.Ka.No.1047/HR/TNSRLM/2022, dated 05.01.2023 is under challenge in the present Writ Petition.
2. The case of the petitioner is that the petitioner was appointed as Secretary-cum-Manager on 23.11.2004 on temporary and contract basis in the District Supply and Marketing Society, Sivagangai, based on the Scheme introduced by the State Government for upliftment of Women
Empowerment. He was transferred to various places and lastly, he was posted as Manager in the District Supply and Marketing Society, Thoothukudi, in the year 2020 and so far, he has been continuing in the same post for more than two decades. All of a sudden, the first respondent has passed the impugned show cause notice vide order, dated 05.01.2023 undervaluing the petitioner's performance without giving any opportunity. Challenging the same, the present Writ Petition.
3. The learned counsel appearing for the petitioner would submit that the petitioner performed well for more than two decades, however, without giving any opportunity to improve his performance to the expectation of the superiors, all of a sudden, the impugned show cause notice has been issued, which is not sustainable. Hence, this Court, may grant liberty to the petitioner to give suitable reply to the impugned show cause notice within a period of two weeks and thereafter, after providing opportunity, the respondents shall pass appropriate orders.
4. Heard the learned counsel appearing for the parties and perused the materials placed before this Court.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, grants liberty to the petitioner to give suitable reply to the impugned show cause notice within a period of two weeks from the date of receipt of a copy of this order. On receipt of such reply, the first respondent is directed to pass appropriate orders after affording an opportunity of hearing to the petitioner by way of a speaking order as expeditiously as possible.
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 20.01.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji
To
1. The Managing Director, Tamil Nadu Corporation of Development of Women Limited, Annai Teresa Mahalir Valagam, 1st Floor, Valuvarkottam High Court, Nungambakkam, Chennai - 600 034.
2. The District Collector-cum-Chairman,, District Supply and Marketing Society, Thoothukudi District, Thoothukudi.
3. The Joint Director / Secretary, District Mission Management Unit, District Supply and Marketing Society, Thoothukudi District.
M.DHANDAPANI,J.
vji and W.M.P.(MD)No.1012 of 2023 20.01.2023