Lakshmanan.M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 21.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD).Nos.20377 and 20379 of 2022 M.Lakshmanan ... Petitioner Vs 1.The District Collector, Collectorate Campus, Thoothukudi, Thoothukudi District.
2.The District Manager, The Tamil Nadu State Marketing Corporation (TASMAC), Thoothukudi, Thoothukudi District.
3.The Tahsildar, O/o., The Thasildar, Srivaikundam Taluk, Thoothukudi District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for records relating to the impugned order of recovery passed by the first respondent in his proceedings in e.f.(n[1)/21919/2021 dated 22.10.2021 insofar as petitioner in concerned and the consequential impugned recovery notice issued by the third respondent in his proceedings in gbtk; vz;.4 dated 26.09.2022 and the consequential attachment notice issued by the third respondent in his proceedings in e.f.b1/6723/2021 dated 03.11.2022 and quash the same as illegal.
For Petitioner : Mr.M.Ajmalkhan Senior Counsel for M/s.Ajmal Associates For Respondents : Mr.A.K.Manikkam Special Government Pleader (for R1 & R3) Mr.S.Sivanesan Standing Counsel (for R2)
ORDER
Heard the learned Senior Counsel appearing for the petitioner, learned Special Government Pleader appearing for the respondents 1 and 3 and learned Standing Counsel appearing for the second respondent. 2.The writ petitioner was employed as Supervisor in TASMAC Shop.No.9991 in Adaikalapuram, Thiruchendur Taluk. He was implicated in Crime No.18 of 2022 registered on the file of the District Crime Branch Police Station, Thoothukudi for the offences under Sections 406, 408, 409, 420, 477 A, 381, 120-B and 34 of the Indian Penal Code.
3.The learned Senior Counsel appearing for the petitioner would state that even without passing a formal order of suspension, he is being prevented from reporting for duty. He has been issued with charge memo
and enquiry is presently going on. It is not in dispute that no final order has been passed.
4.The stand of the TASMAC is that the petitioner and others have misappropriated stock to the tune of Rs.1,57,95,810/-. By the impugned proceedings, steps to recover the said amount by proceeding against the writ petitioner's property under the Revenue Recovery Act, have been ordered.
5.The learned Senior Counsel is absolutely justified in his contention that such an order could not have been passed without complying with appropriate procedures. The impugned proceedings are vulnerable on more than one count. Firstly, they have been passed in utter violation of the principles of natural justice. Secondly, the departmental proceedings have not attained finality. If an order for recovery of the amount in question is imposed as punishment, then subject to judicial review, it is possible that they could be enforced by invoking the provisions of the Revenue Recovery Act. 6.For these reasons, the impugned orders are set aside. The Writ Petition is allowed. Liberty is given to the respondents to take recourse
to due process of law. No costs. Consequently, connected Miscellaneous Petitions are closed.
21.11.2022 Index : Yes/No Internet : Yes/No Rmk To 1.The District Collector, Collectorate Campus, Thoothukudi, Thoothukudi District.
2.The Tahsildar, O/o., The Thasildar, Srivaikundam Taluk, Thoothukudi District.
G.R.SWAMINATHAN, J., Rmk and W.M.P(MD).Nos.20377 and 20379 of 2022 21.11.2022