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Madras High CourtWP(MD)/31822/2025disposed of

Sivaji v. The Managing Director

2025-11-10Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.31822 of 2025 and W.M.P(MD)Nos.25019 and 25021 of 2025 Sivaji

...Petitioner

Vs 1.The Managing Director, Tamilnadu State Marketing Corporation Ltd, 4th Floor, Cmda Building Tower II, Ganthi Irwin Bride Road Egmore, Chennai - 600 008 2.The Senior Regional Manager, Tamilnadu State Marketing Corporation Ltd, No.100, Anna Nagar, Madurai City.

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

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned suspension order issued by the third respondent dated 26.08.2025 vide 1/5

Na.Ka.No.A1/0958/2025 and quash the same and consequently directing the respondents to reinstate the petitioner into service in the TASMAC Shop No.7001 along with backwages within the time stipulated by this Court.

For Petitioner : Mr.S.Ramakrishnan For Respondents : Mr.S.Sivanesan Standing Counsel

O R D E R

This Writ Petition is filed seeking Writ of Certiorarified Mandamus to call for the records pursuant to the impugned suspension order issued by the third respondent dated 26.08.2025 vide Na.Ka.No.A1/0958/2025 and quash the same and consequently directing the respondents to reinstate the petitioner into service in the TASMAC Shop No.7001 along with backwages within the time stipulated by this Court.

2. This Court has considered the submission of learned counsel on either side and perused the materials available on record. 2/5

3. It is brought to notice by the learned Standing 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.

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.

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7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 10.11.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:

1.The Managing Director, Tamilnadu State Marketing Corporation Ltd, 4th Floor, Cmda Building Tower II, Ganthi Irwin Bride Road Egmore, Chennai - 600 008 2.The Senior Regional Manager, Tamilnadu State Marketing Corporation Ltd, No.100, Anna Nagar, Madurai City.

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

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K.KUMARESH BABU , J.

Sn 10.11.2025 5/5