Madras High CourtWP(MD)/8730/2016disposed of

K. Manikandan, v. The District Manager,

2016-04-29Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) Nos.8730 and 8731 of 2016 K.Manikandan ... Petitioner in W.P(MD)No.8730 of 2016 Murugesan ... Petitioner in W.P(MD)No.8731 of 2016 Vs.

The District Manager, Tamil Nadu State Marketing Corporation Ltd., District Office, Thanjavur District, Thanjavur.

... Respondent in both W.Ps.

Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to reinstate the petitioner as salesman in the respondent shop by revoking the suspension based on his representation dt. 24.03.2016.

For Petitioners : Mr.R.Murali, Both WPs For Respondent : Mr.T.S.Md.Mohideen, AGP, Both WPs

ORDER

The petitioners have come up with the above writ petitions seeking for the issue of a writ of mandamus, to direct the respondent to reinstate the petitioners as salesmen in the respondent shop by revoking the suspension based on their representation dated 24.03.2016.

2.The case of the petitioners is that they are 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 petitioners have come up with the above writ petitions. 3.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 https://hcservices.ecourts.gov.in/hcservices/

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 petitioners shall also be paid subsistence allowance from the date of suspension till the final orders are passed.

4.The writ petitions are accordingly disposed of. No costs.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To The District Manager, Tamil Nadu State Marketing Corporation Ltd., District Office, Thanjavur District, Thanjavur.

+ 1 CC TO MR.R.MURALI, ADVOCATE IN SR NO. 25645 SMS TE/JGB-SS/ : 13/05/2016 : 2P/3C Writ Petition (MD) Nos.8730 and 8731 of 2016 29.04.2016 https://hcservices.ecourts.gov.in/hcservices/