Madras High CourtWP(MD)/8499/2016disposed of

R.Muthu, S/O.G.Ramalingam v. The District Manager

2016-04-28Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.8499 of 2016 and W.M.P(MD)No.6800 of 2016 R.Muthu ... Petitioner Vs.

The District Manager, Tamil Nadu State Marketing Corporation, (TASMAC) Ltd., Thanjur District.

... Respondent Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified mandamus calling for the records relating to the impugned order passed by respondent in Na.Ka.No.7932/2016/RV 2 dated 24.03.2016 and quash the same as illegal and consequently to direct the Respondent to reinstate the petitioner into service.

For Petitioner : Mr.C.Jeyaprakash For Respondent : Mr.C.Kasirajan

ORDER

The case of the petitioner is that he has been working as salesman in TASMAC and on certain allegations, suspension order came to be passed on 24.03.2016. Thereafter, no charge memo had been issued and no enquiry had been conducted. Hence, the petitioner has come up with the above writ petition. 2.Once a suspension order is issued, it has to be followed by a charge memo and enquiry. Till today, charge memo has not been issued. Hence, it is open to the respondents to continue the disciplinary proceedings by issuing charge memo at the earliest and complete the enquiry within a period of three months from the date of receipt of a copy of this order and in the meanwhile, the petitioner shall also be paid subsistence allowance from the date of suspension till the final orders are passed. https://hcservices.ecourts.gov.in/hcservices/

3.The writ petition is accordingly disposed of. No costs. Consequently, W.M.P(MD)No.6800 of 2016 is closed. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To The District Manager, Tamil Nadu State Marketing Corporation (TASMAC) Ltd., Thanjur District.

+one cc to M/s.C.Jeyaprakash, Advocate in SR.No.25120 sms CSL/GSV/12.05.2016 : 2p/3c Writ Petition (MD) No.8499 of 2016 and W.M.P(MD)No.6800 of 2016 28.04.2016 https://hcservices.ecourts.gov.in/hcservices/