Ferdinando. A v. The District Manager

W.P.(MD) No.2220 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.2220 of 2021 and W.M.P(MD) No.1838 of 2021 A.Ferdinando

...Petitioner

Vs.

1.The District Manager, Tamil Nadu State Marketing Corporation Limited, (TASMAC), Munneerpallam, Tirunelveli, Tirunelveli District.

2.S.P.Shyam Sundar ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for records of impugned order of suspension by the 1st respondent, dated 25.01.2021, in Na.Ka.No.A7/2523/2020 and quash the same.

For Petitioner : Mr.A.Srinivasan For Respondents : Mr.B.Jameel Arasu for R1

O R D E R

Heard Mr.A.Srinivasan, learned counsel for the petitioner and Mr.B.Jameel Arasu, learned counsel for the first respondent. 2.The petitioner's services has been suspended through the impugned order, dated 25.01.2021, on the ground that the petitioner had charged an amount over and above the MRP rate of certain IMFL liquour products. The suspension order is made pending the enquiry. 3.Today, when the matter was called, the learned Standing counsel for the first respondent would submit that as per the suggestion of the petitioner's counsel, the respondent company is willing to revoke the impugned suspension order, on condition that the petitioner pays the penalty amount of Rs.11,800/- (Rupees Eleven Thousand and Eight Hundred Only) without prejudice to the authorities to proceed with the enquiry. The learned cousnel for the petitioner also would submit that the petitioner's rights to participate in the enquiry may be protected.

4.In the light of the submissions made by the respective counsels, the impugned order passed by the 1st respondent, dated 25.01.2021, in Na.Ka.No.A7/2523/2020, is hereby quashed. It is made clear that the order in this writ petition shall come into force https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.2220 of 2021 from the date on which the petitioner remits the aforesaid sum of Rs.11,800/- (Rupees Eleven Thousand and Eight Hundred only) to the first respondent herein.

5.This writ petition stands ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE: In view of the present lock down owing to COVID19 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.

+1 CC to M/s.A.SRINIVASAN, Advocate ( SR-5504[F] dated 17/02/2021 ) W.P.(MD) No.2220 of 2021 16.02.2021 MJ(CO) KK(09.03.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2