Madras High CourtWP(MD)/5271/2020disposed of

G.Ponraj v. The District Manager

2020-03-12Honourable Mrs Justice J. Nisha Banu2 pages

W.P.(MD) No.5271 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.5271 of 2020 and W.M.P(MD)No.4588 of 2020 G.Ponraj .. Petitioner Vs.

The District Manager Tamil Nadu State Marketing Corporation Limited (TASMAC) Madurai South Madurai .. Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.48/2018/A1, dated 16.12.2019 and quash the same.

For Petitioner : Mr.L.Shaji Chellan For Respondent : Mr.H.Arumugam

ORDER

This writ petition has been filed for issuance of a Writ of Certiorari to call for the records pertaining to the impugned order passed by the respondent in Na.Ka.No.48/2018/A1, dated 16.12.2019 and quash the same.

2.Mr.H.Arumugam, learned counsel takes notice for the respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.The case of the petitioner is that while the petitioner was working as Salesman in the respondent Corporation, he sold High Voltage Beer 650 ml Bottle with a margin of Rs.10/-. Due to that on 16.12.2019 the respondent issued an impugned order in Na.Ka.No.48/2018/A1, dated 16.12.2019 and imposed a fine of Rs.11,800/-. Aggrieved over the same, the petitioner is before this Court.

4.The learned counsel for the petitioner would further submit that before passing the impugned order, no opportunity of hearing is provided to the petitioner. Imposing such a major punishment without giving fair opportunity to defend the case is highly illegal. Hence, he prayed to set aside the impugned order passed by the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.5271 of 2020 5.Heard the learned counsel for the petitioner as well as the learned counsel for the respondent.

6.This Court is of the view that without any sort of enquiry and without giving an opportunity to the petitioner to defend his case, the respondent Corporation straight away passed the impugned order, warrants interference by this Court. Therefore, the impugned order of the respondent in Na.Ka.No.48/2018/A1, dated 16.12.2019 is set aside and the matter is remanded back to the respondent fresh consideration. The respondent is directed to pass orders on merits and in accordance with law after giving sufficient opportunity to the petitioner.

7.With the above direction, this Writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) msa To The District Manager Tamil Nadu State Marketing Corporation Limited (TASMAC) Madurai South Madurai ORDER MADE IN W.P(MD)No.5271 of 2020 and W.M.P(MD)No.4588 of 2020 12.03.2020 VB(24.03.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2