K.Shanmugam v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.11253 of 2024 and W.M.P.(MD)No.10009 of 2024 K.Shanmugam ... Petitioner Vs.
1.The Managing Director, Tamil Nadu Civil Supplies 0Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-10.
2.The General Manager (Administration), Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-10.
3.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Madurai Region, Madurai.
4.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Chennai (South) Region, Chennai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the orders of the third respondent passed in his 1/5
proceedings in Na.Ka.No.E4/005347/2022 dated 15.04.2024 and quash the same as illegal, consequently forbearing the third respondent from recovering the alleged loss amount from any salary till the departmental proceedings, as well as the appeal that is going to be filed against the final order is disposed of by the third respondent. For Petitioner : Mr.T.Leninkumar For Respondents : Mr.G.Mohankumar Standing Counsel
ORDER
The petitioner has filed this writ petition seeking a Writ of Certiorarified Mandamus to quash the order of the third respondent passed in his proceedings in Na.Ka.No.E4/005347/2022 dated 15.04.2024 as illegal and to forbear the third respondent from recovering the alleged loss amount from any salary till the departmental proceedings, as well as the appeal that is going to be filed against the final order is disposed of by the third respondent.
2. Heard Mr. T.Leninkumar, learned counsel for the petitioner and Mr.G.Mohankumar, learned Standing Counsel, who accepts notice for the respondents.
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3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4. The learned Standing Counsel appearing on behalf of the respondents, on instructions, submits that the order of recovery passed against the petitioner will be withdrawn forthwith and fresh orders would be passed depending upon the outcome of the disciplinary proceedings, which is pending as against the petitioner.
5. In view of the submission made by the learned counsel for the respondents, the Writ Petition is disposed of. The respondents shall refund the amount already recovered from the petitioner in view of the order passed by the third respondent. No costs. Consequently, the connected miscellaneous petition is also closed. 22.05.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No ta 3/5
To 1.The Managing Director, Tamil Nadu Civil Supplies 0Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-10.
2.The General Manager (Administration), Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-10.
3.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Madurai Region, Madurai.
4.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Chennai (South) Region, Chennai.
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R.N.MANJULA , J.
ta Order made in W.P.(MD)No.11253 of 2024 22.05.2024 5/5