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Madras High CourtWP(MD)/27347/2025disposed of

Thirupathy v. The Managing Director

2025-10-13Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/10/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and WMP(MD)Nos.21253 and 21255 of 2025 Thirupathy ... Petitioner Vs

1. The Managing Director, Tamil Nadu State Marketing Corporation Limited(TASMAC), Chennai-600 008.

2. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited Regional Office, Madurai District, Madurai.

3. The District Manager, Tamil Nadu State Marketing Corporation Limited(TASMAC) Tirunelveli, Tirunelveli District ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned order of suspension dated 28.08.2025 in Na.Ka.No.A7/1075/2025 passed by the 3rd respondent and quash the same as illegal.

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For Petitioner : Mr.C.Mayil Vahana Rajendran Advocate.

For Respondent : Mr.S.Sivanesan Standing Counsel

ORDER

This Writ Petition is filed seeking Writ of Certiorari to call for the records pursuant to the impugned order of suspension dated 28.08.2025 in Na.Ka.No.A7/1075/2025 passed by the 3rd respondent and quash the same as illegal and consequently direct the 3rd respondent to reinstate the petitioner in his service as sales men in TASMAC Shop No.10891, situated at Rayagiri Village, Sivagiri Taluk, Tenkasi District with all attended benefits.

2. This Court has considered the submission of learned counsel on either side and perused the materials available on record.

3. It is brought to notice by the learned counsel for the respondents that the enquiry had been completed and report has also been received from the enquiry officer. Second show cause notice is to be issued to the petitioner calling for his further explanation. 2/4

4. In such view of the matter, there shall be a direction to the third respondent to bring the disciplinary proceedings initiated against the petitioner to its logical conclusion within a period of four months from the date of receipt of a copy of this order.

5. Learned counsel for the petitioner would submit that the subsistence allowance has not been paid.

6. The respondents are directed to pay subsistence allowance as provided under law to the petitioner. It is made clear that if subsistence allowance is not paid to the petitioner, the disciplinary proceedings initiated and any order passed thereon, should be set at naught, for nonpayment of subsistence allowance.

7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 13.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gvn 3/4

K.KUMARESH BABU, J.

gvn To

1. The Managing Director, Tamil Nadu State Marketing Corporation Limited(TASMAC), Chennai-600 008.

2. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited Regional Office, Madurai District, Madurai.

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

ORDER

IN WP(MD) No.27347 of 2025 Date : 13/10/2025 4/4