Karuppiah.M v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.9011 of 2023 and W.M.P(MD) No.8169 of 2023 M.Karuppiah ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Marketing Corporation Limited, (TASMAC), CMDA Tower-II, Gandhi Erwin Bridge Road, Egmore, Chennai - 600 008.

2. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited, (TASMAC), Plot No.100, Annanagar, Madurai - 625 020.

3. The District Manager, Tamil Nadu State Marketing Corporation Limited, (TASMAC), Theni, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order issued by the third respondent in Na.Ka.No. 000470/2022/A1, dated 24.01.2023 and quash the same. 1/5

For Petitioner : Mr.Shaji Chellan.L For Respondents : Mr.S.Sivanesan Standing Counsel

O R D E R

The present Writ Petition has been filed by a Supervisor of Tamil Nadu State Marketing Corporation Limited, (TASMAC) challenging an order of suspension on the ground that during internal audit, shortage of stock was found. A perusal of the impugned suspension order indicates that in contemplation of a departmental enquiry, the writ petitioner has been placed under suspension.

2. The learned Standing Counsel appearing for the TASMAC brought to the notice of this Court that the final orders have been passed on 23.08.2023, wherein, penalty has been imposed upon the writ petitioner and he has been directed to pay the amount within a period of seven days.

3. The learned counsel appearing for the writ petitioner has not received any instructions with regard to the compliance of the said order. 2/5

4. Since the departmental proceedings has already been concluded and punishment has been imposed upon the writ petitioner, this Court is inclined to quash the order of suspension. It is for the writ petitioner to work out his remedy against the penalty in the manner known to law.

5. Accordingly, this Writ Petition stands allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 02.11.2023 NCC : Yes/No 2/2 Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Managing Director, Tamil Nadu State Marketing Corporation Limited, (TASMAC) CMDA Tower-II, Gandhi Erwin Bridge Road, Egmore, Chennai - 600 008.

2. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited, (TASMAC), Plot No.100, Annanagar, Madurai - 625 020.

3. The District Manager, Tamil Nadu State Marketing Corporation Limited, (TASMAC), Theni, Theni District.

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R.VIJAYAKUMAR,J.

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