Murugesan.E v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.24984 of 2022 E.Murugesan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai - 600 010.

2.The General Manager (Administration), Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai - 600 010.

3.The Deputy Collector/Regional Manager, Tamil Nadu Civil Supplies Corporation, Madurai Region, Madurai - 625 020.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for records relating to the impugned dismissal order issued by the third respondent vide Na.Ka.No.E4/006938/2022 dated 20.09.2022 and to quash the same as illegal, consequently direct the first respondent to reinstate the petitioner into the service and to add the petitioner's name in the Provisional Centralized Seniority List for the post of bill 1/6

clerk issued by the first respondent vide proceedings No.AE2/24003/2019(3) dated 08.10.2022 as per the Seniority. For Petitioner : Mr.M.Sankar For Respondents : Mr.G.Mohan Kumar Standing Counsel

ORDER

The present Writ Petition has been filed by the petitioner for issuance of a Writ of Certiorarified Mandamus, to quash the impugned dismissal order issued by the third respondent, dated 20.09.2022 and consequently direct the first respondent to reinstate the petitioner into the service and to add the petitioner's name in the Provisional Centralized Seniority List for the post of bill clerk issued by the first respondent vide proceedings, dated 08.10.2022 as per the Seniority.

2.Heard Mr.M.Sankar, learned counsel appearing for the petitioner and Mr.G.Mohan Kumar, learned standing counsel appearing for the respondents and perused the materials available on record. 2/6

3.The petitioner joined as a Seasonal Helper in the office of the second respondent in the year 2012 and has been serving in the post for more than 10 years. When he was working at Chinna Elantha Kulam DPC Centre, there was a deficit of 90 paddy bags worth about Rs.90,864/- and also a quality cut of Rs.67,159/- to the tune of Rs. 1,58,018/-, for which, disciplinary action was initiated by the third respondent and he was relieved from service vide impugned order, dated 20.09.2022. Challenging the same, this Writ Petition came to be filed.

4.Though the petitioner was relieved by the third respondent vide impugned order, dated 20.09.2022, he was instructed to remain not to leave the Headquarters without the instructions of the competent authority. Following which, a show-cause notice, dated 12.10.2022 was also issued by the third respondent, for which, the petitioner promptly made an explanation on 11.11.2022. 5.When the matter is taken up for hearing today, the learned standing counsel appearing for the respondents submitted that appropriate orders will be passed on the explanation, dated 3/6

11.11.2022 which has been submitted by the petitioner, within a period of four weeks from the date of receipt of a copy of this order. 6.Recording the same, the Writ Petition stands disposed of. There shall be no order as to costs.

07.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Managing Director, Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai - 600 010.

2.The General Manager (Administration), Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai - 600 010.

3.The Deputy Collector/Regional Manager, Tamil Nadu Civil Supplies Corporation, Madurai Region, Madurai - 625 020.

5/6

L.VICTORIA GOWRI, J.

ps W.P.(MD)No.24984 of 2022 07.09.2023 6/6