← Library
Madras High CourtWP(MD)/6075/2019disposed of

Ganapathi Subramanian, v. The District Manager,

2019-03-28Honourable Mr Justice R. Mahadevan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)Nos.6075 to 6078 and 4140 of 2019 and W.M.P.(MD) Nos.4844 to 4851, 3237 and 3238 of 2019 in W.P.(MD)No.6075 of 2019 Ganapathi Subramanian ... Petitioner Vs.

TASMAC Ltd., ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned Suspension Order passed by the respondent vide his proceedings in Na.Ka.A2/1179/2018, 28.01.2019 and quash the same as illegal and consequently, direct the respondent to reinstate the petitioner into service in the post of Salesman of the TASMAC Shop No.9948.

For Petitioners : Mr.V.Malaiyendran (4 CASES WP(MD)6075 to 6078 of 2019) For Respondent : Mr.B.Jameel Arasu (4 CASES WP(MD)6075 to 6078 of 2019) WP(MD). 6076 of 2019

1. Murugan @ Murugesan ... Petitioner - Vs. - 1.The District Manager, Tasmac Ltd., Tuticorin.

... Respondent Prayer in WP(MD). 6076/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for the records pertaining to the Impugned Suspension Order passed by the Respondent vide his Proceedings in Na.Ka.A2/1179 /2018 , dated 28.01.2019 and quash the same as illegal and consequently direct the respondent to reinstate the petitioner into service in the Post of Salesman of the TASMAC Shop No. 9948 WP(MD). 6077 of 2019:

K.Senthil Kumar ... Petitioner Vs

Tasmac Ltd., ... Respondent Prayer in WP(MD). 6077 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for the records pertaining to the Impugned Suspension Order passed by the Respondent vide his Proceedings in Na.Ka.A2/1179 /2018 , dated 28.01.2019 and quash the same as illegal and consequently direct the respondent to reinstate the petitioner into service in the Post of Salesman of the TASMAC Shop No. 9948 WP(MD). 6078 of 2019 :

Dass Prakash ... Petitioner - Vs. - Tasmac Ltd., Tuticorin.

... Respondent Prayer in WP(MD). 6078 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for the records pertaining to the Impugned Suspension Order passed by the Respondent vide his Proceedings in Na.Ka.A2/1179 /2018 , dated 28.01.2019 and quash the same as illegal and consequently direct the respondent to reinstate the petitioner into service in the Post of Salesman of the TASMAC Shop No. 9948 WP(MD)4140 of 2019:

Harikrishnan ... Petitioner - Vs. - 1.The Managing Director, Office of the Managing Director, Iv Floor, Cmda Tower Ii, Ganthi Irwin Bridge Road, (Tasmac) Chennai-600 008.

2. The Senior Regional Manager, Office of the Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., (Tasmac) Madurai District.

3. The District Manager, Tamil Nadu State Marketing Corporation Ltd., (Tasmac) Thoothukudi, Thoothukudi District.

4. Mr.Chengiz Khan, District Manager, Tamil Nadu State Marketing Corporation Ltd., (Tasmac) Ramanathapuram, Ramanathapuram District.

... Respondents Prayer in WP(MD). 4140 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of

Certiorarified Mandamus, calling for the entire record pertaining to the impugned suspension order in Na.Ka.No.A2/1179/2018 dated 28.01.2019 passed by the 3rd respondent and quash the same as illegal.

For Petitioner : M/s.P.M.Vishnuvarthanan For Respondnets: Mr.B.Jameel Arasu

ORDER

According to the petitioners, they were placed under suspension vide impugned orders dated 28.01.2019 passed by the respondent, on account of certain false allegations. Aggrieved over the same, the petitioners are before this Court, seeking to quash the same and consequently, direct the respondent to reinstate them into service.

2.When these writ petitions were taken up for hearing, the learned Standing Counsel appearing for the respondent, on instructions, submitted that the respondent is inclined to reinstate the petitioners into service, provided that they pay their respective penalty amounts within a period of two weeks. 3.In reply, the learned counsel for the petitioners, on instructions, submitted that the petitioners are also prepared to pay the penalty amount, within a time frame to be determined by the respondent.

4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the petitioners to pay the penalty amount as quantified by the respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such payment, the respondent shall pass appropriate orders, with regard to reinstatement of the petitioners into service, within a period of one week thereafter.

5.Accordingly, these writ petitions stand disposed of. No costs. Consequently, connected Miscellaneous petitions are closed. Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS)

To TASMAC Ltd., +1cc to Mr.V.MALAIYENDRAN, Advocate, SR.No.57600 +1cc to Mr.P.M.VISHNUVARTHANAN, Advocate, SR.No.57489 +2cc to Mr.B.JAMEEL ARASU, Advocate, SR.No. 57827,57828 W.P(MD)Nos.6075 to 6078 and 4140 of 2019 28.03.2019 MM/RK KK/SAR/02.07.2019/4P-6C