A.Sankaran v. The Deputy Collector/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.19437 of 2017 and W.M.P(MD)Nos.15735 of 2017 A.Sankaran ... Petitioner Vs.

The Deputy Collector/Regional Manager, Tamil Nadu Civil Supply Corporation Ltd, Madurai Region, Madurai.

... Respondent Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of suspension in ROC.No.E2/0450/2017 on 11.04.2017 passed by the respondent, and quash the same and consequently direct the respondent to reinstate the petitioner into service. For Petitioner : Mr.K.Kannan For Respondent : Mr.A.K.Baskarapandian, Special Government Pleader.

O R D E R

The writ petitioner challenges the order dated 11.04.2017 whereby the respondent suspended the petitioner from service. The petitioner was appointed as a Packer in fair price shop. It was alleged that there was misappropriation of essential commodities. Criminal case was registered against the petitioner in Crime No.134/2017. Disciplinary action has also been initiated and charge memo was also issued on the petitioner. In view of the pendency of the criminal case as well as the issuance of charge memo, it is necessary to place the writ petitioner under suspension.

2.The matter relates to commission of grave irregularities in corporation retail shop run by Tamil Nadu Civil Supplies Corporation. It is not the case of the petitioner that the respondent has no jurisdiction to pass an order of suspension. The respondent is the competent authority. In this case, the suspension has not been mechanically issued. When circumstances warranting passing of suspension order are there, the authorities https://hcservices.ecourts.gov.in/hcservices/

are entitled to pass an order of suspension. The petitioner has not shown as to how the order is bad in law. If the charge memo has not been issued may be the petitioner would have some case. It is submitted by the learned Special Government Pleader appearing for the respondent that charge memo has also been issued. Therefore there is no merit in this writ petition. The writ petition therefore stands dismissed. No costs.

Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To, The Deputy Collector/Regional Manager, Tamil Nadu Civil Supply Corporation Ltd, Madurai Region, Madurai.

+1cc to M/S.A.K.BASKARA PANDIAN, Advocate SR.No.83100 Skm MAS/JC/SAR4:07.11.2017:2P-3C W.P(MD)No.19437 of 2017 and W.M.P(MD)Nos.15735 of 2017 20.10.2017 https://hcservices.ecourts.gov.in/hcservices/