Muruganadam v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.20019 of 2022 Muruganandam ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., 4th Floor, CMDA Building Tower II, Ganthi Irwin Bride Road, Egmore, Chennai-600 008.

2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., Collector Office Old Building 1st Floor, Trichy-620001.

3.The District Manager, Tamilnadu State Marketing Corporation Ltd., TASMAC, Thuvvakudi, Trichy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned suspension order issued vide Na.Ka.No.CV 2/ 1382/2022 dated 5.11.2022 by the 3rd respondent and quash the same as 1/4

illegal and unconstitutional and consequently directing the respondents to reinstate the petitioner with all back wages. For Petitioner : Mr.G.Prabhu Rajadurai for Mr.T.Manikandan For Respondents : Mr.S.Srinivasan Standing Counsel

ORDER

Heard the learned counsel on either side.

2. The petitioner questions the impugned order of suspension. The suspension order has been issued, since it is proposed to conduct enquiry against the writ petitioner and others with regard to shortfall in the stock in Shop No.10342. The shortfall was found out on 04.11.2022, when inspection was conducted.

3. The petitioner's counsel would contend that the employees including the petitioner have been consistently complaining that the supervisor is indulging in irregularities. The petitioner's counsel would argue that it is unfair to treat them on par with the supervisor and penalise them.

4. Since these are factual aspects, I am not in a position to probe them in writ proceedings. Relief is granted to the writ petitioner by directing the third respondent to conclude the proposed enquiry and pass final order within a period of six weeks from the date of receipt of a copy of this order. All the contentions and defences of the petitioner are left open. 2/4

5.The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

16.11.2022 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

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