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Madras High CourtWP(MD)/6191/2020disposed of

R. Kumar v. The Dist. Manager

2020-05-18Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.05.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and W.M.P(MD)Nos.5388 and 5389 of 2020 R.Kumar .. Petitioner Vs.

The District Manager, Tamilnadu State Marketing Corporation (TASMAC), Karur.

.. Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of suspension issued by the respondent vide his proceedings in Na.Ka.No.C.V.2/4907/2020, dated 17.04.2020 and quash the same and consequently direct the respondent herein to regularise the services of the petitioner with all monetary benefits and pass such further or other orders.

For Petitioner : Mr.Jerin Mathew for Mr.R.Varatharajan For Respondent : Mr.H.Arumugam, Standing Counsel for TASMAC.

ORDER

This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order of suspension issued by the respondent vide his proceedings in Na.Ka.No.C.V.2/4907/2020, dated 17.04.2020 and quash the same and consequently direct the respondent to regularise the services of the petitioner with all monetary benefits. 2.Mr.H.Arumugam, learned Standing Counsel for TASMAC 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 he was appointed as a Supervisor in the respondent Corporation and now he is working at Shop No.4907 situated at West Pirathasanam Road, Karur. On 10.04.2020, the Sub Inspector of Police, Karur Town Police Station, 1/3

Karur has conducted an inspection and it was alleged that even though the said shop was closed on 24.03.2020 as per Government Orders, several bottles of liquor was hidden near the shop and the petitioner was trying to sell the same and hence, a case was registered against him in Crime No.267 of 2020, for the offence punishable under Section 4(1)(a) of Tamilnadu Prohibition Act. On the basis of the said criminal case, the respondent has issued the impugned proceedings dated 17.04.2020, suspending the petitioner from service. Against which, the present writ petition has been filed.

4.The learned counsel for the petitioner submitted that the petitioner was not on duty on 10.04.2020 and the said first information report is without any basis or evidence, based on which, the present impugned order of suspension has been passed. Thus, he prayed to set aside the same.

5.The learned standing counsel appearing for the respondent submitted that a criminal case has been registered against the petitioner, based on which, the impugned suspension order has been passed. He further submitted that disciplinary proceeding has already been initiated and a charge memo has been issued and would state that disciplinary proceedings would be completed within a time frame to be fixed by this Court.

6.Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondent and perused the materials available on record.

7.Though the learned counsel for the petitioner has sought for larger relief, considering the submissions of the learned standing counsel for the respondent that disciplinary proceeding has already been commenced and a charge memo has been issued, it would be suffice if the respondent is directed to complete the disciplinary proceedings within a period of two months and accordingly, the respondent is directed to conclude the disciplinary proceedings initiated against the petitioner within a period of two months from the date of receipt of a copy of this order.

8.With the above directions, this Writ petition is disposed of. No costs.Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) smn 2/3

To The District Manager, Tamilnadu State Marketing Corporation (TASMAC), Karur.

ORDER MADE IN 18.05.2020 AP(02/06/2020) 3P 2C 3/3