Tirupathi v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Tirupathi ... Petitioner in W.P.(MD).No.1982 of 2023 Kannan ... Petitioner in W.P.(MD).No.1983 of 2023 Muruganandam ... Petitioner in W.P.(MD).No.1984 of 2023 Vs.
1.The Managing Director, Tamil Nadu State Marketing Corporation Limited, 4th Floor, CMDA Building Tower II, Ganthi Irwin Bride Road, Egmore, Chennai 600 008.
2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited, Collector Office Old Building 1st Floor, Trichy 620 001.
3.The District Manager, Tamil Nadu State Marketing Corporation Limited, TASMAC, Thuvvakudi, Trichy District.
... Respondents in all W.Ps.
PRAYER : Writ Petitions are filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to revoke the suspension order dated 05.11.2022 and consequently reinstate the petitioners into service as a Supervisor and Salesman in TASMAC Shop No.10342 on the basis of proposal sent by the 3rd respondent vide Na.Ka.No.CV2/1382/2022, dated 24.01.2023 within the time stipulated by this Court.
For Petitioners : Mr.R.Varadharajan For R1 and R2 : Mr.S.Sivanesan C O M M O N O R D E R These writ petitions have been filed for issuance of a writ of Mandamus, directing the 1st and 2nd respondents to revoke the suspension order dated 05.11.2022 and consequently reinstate the petitioners into service as Supervisor and Salesman in TASMAC Shop No.10342 on the basis of proposal sent by the 3rd respondent, dated 24.01.2023.
2. The case of the petitioners is that they were appointed as Supervisor and Salesman respectively in the TASMAC Shop in the year 2003. On 04.11.2022, the audit officials of the TASMAC conducted an inspection and noticed the shortage of stock worth Rs.80,640/-. Based on the report given by the audit officials, the third respondent vide impugned order dated 05.11.2022, suspended the petitioners from service. Since the charges were not proved, the third respondent has sent a proposal to revoke the suspension of the petitioners to the respondents 1 and 2, on 24.01.2023. However, till date the suspension order was not revoked. Hence, the petitioners have made a representation to the respondents on 10.01.2023. Since the said representation was not considered, the petitioners have filed the present writ petitions.
3. The learned counsel appearing for the petitioners would submit that this Court may issue a direction to the respondents 1 and 2 to consider the petitioners' representation dated 10.01.2023 and pass appropriate orders, within a reasonable time as fixed by this Court.
4. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents 1 and 2 to consider the petitioners' representation dated 10.01.2023 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
7. With the above direction, these Writ Petitions are disposed of. No costs.
01.02.2023 NCC: Yes/No Index : Yes / No Speaking Order : Yes / No akv
To 1.The Managing Director, Tamil Nadu State Marketing Corporation Limited, 4th Floor, CMDA Building Tower II, Ganthi Irwin Bride Road, Egmore, Chennai 600 008.
2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited, Collector Office Old Building 1st Floor, Trichy 620 001.
3.The District Manager, Tamil Nadu State Marketing Corporation Limited, TASMAC, Thuvvakudi, Trichy District.
M.DHANDAPANI,J.
akv 01.02.2023