Vellasamy.C v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.18610 of 2023 and W.M.P(MD)Nos.15450, 15451 & 15453 of 2024 C.Vellasamy ... Petitioner Vs 1.The Managing Director, Tamil Nadu State Marketing Corporation Limited, CDMA Tower-II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited, Plot No.100, Anna Nagar, Madurai, Tamil Nadu - 625 020.

3.The District Manager, Tamil Nadu State Marketing Corporation Limited, Tirunelveli District, Tirunelveli.

4.The Supervisor, 1/5

5.Mr.M.Subramaniyan, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records of the 3rd respondent's Impugned Order in Na.Ka.No.R.1/409/2023, dated 28.04.2023 and quash the same as devoid of merits and consequently directing the respondents to reinstate the petitioner in service by considering his representation dated 12.06.2023 within the period as stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.S.Sivanesan for R1 to R4 No appearance for R5

ORDER

The instant writ petition has been filed by a Salesmen of TASMAC shop, challenging his order of suspension, dated 28.04.2023. 2.According to the learned Standing Counsel appearing for the respondents, though enquiry officer has been appointed and notice has been issued to the petitioner, he is not co-operating for the enquiry. However, it is the contention of the learned Counsel appearing for the petitioner, so far, he has not received any notice for the enquiry.

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3.Considering the fact that there was shortage of Rs.1,36,440/- in the shop, this Court is of the considered opinion that the respondents authorities could be directed to complete the enquiry within a specific time frame. 4.In view of the above said facts, the third respondent is directed to complete the enquiry and pass orders on or before 31.01.2025 and in the meantime, the authorities are directed to pay subsistence allowance during the period of suspension.

5.With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are also closed. 18.10.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5

To 1.The Managing Director, Tamil Nadu State Marketing Corporation Limited, CDMA Tower-II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited, Plot No.100, Anna Nagar, Madurai, Tamil Nadu - 625 020.

3.The District Manager, Tamil Nadu State Marketing Corporation Limited, Tirunelveli District, Tirunelveli.

4.The Supervisor, 4/5

R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.18610 of 2023 18.10.2024 5/5