Muthupandeeswari v. The Managing Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2024 CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and CMP(MD)Nos.18224 and 18226 of 2024 Muthupandeeswari, Proprietor, M/s.Muthupandeeswari Modern Rice Mill, Door No.43/5, Karisalkulam Road, Samanatham, Madurai District.
... Appellant vs.
1. The Managing Director, Tamil Nadu Civil Supplies Corporation, Head Office, Chennai Metro Rail Office Complex, Poothamalee Highway, Koyambedu, Chennai - 600 107.
2. The Sub Collector/Regional Manager, Tamilnadu Civil Supplies Corporation, Madurai Region, Madurai.
... Respondents Prayer : Appeal filed under Clause 15 of the Letters Patent, against the order dated 10.12.2024 made in W.P(MD)No.29852 of 2024. Page No.1 of 5
For Appellant : Mr.R.Suriyanarayanan For Respondents: Mr.R.Baskaran Additional Advocate General for Mr.A.Satheesh, Standing Counsel
JUDGMENT
(Judgment of the Court was made by M.S.RAMESH, J.) This writ appeal is directed against the order dated 10.12.2024 made in W.P(MD)No.29852 of 2024.
2.
The limited prayer sought for in the writ petition is for a direction to the 2nd respondent herein, to furnish the enquiry committee report dated 12.09.2024. The learned Single Judge had rejected the request, by observing that the enquiry committee report is confidential in nature and the petitioner is not entitled to receive the same. 3.
The learned Additional Advocate General appearing for the respondents would submit that the entire enquiry is based on an internal report dated 12.09.2024, wherein, it was established that the 400 gunny bags of paddy went missing in the writ petitioner's Mill, thereby a loss to the tune of Rs.4,41,440/- had been caused. Page No.2 of 5
4.
Apparently, the respondents herein intend to place reliance on the enquiry committee report during the course of the enquiry, which is to be conducted pursuant to the orders passed by this Court in W.A(MD)No.2359 of 2024, dated 18.11.2024. When the very basis, on which the enquiry is contemplated, emanates from the enquiry committee report and the respondents also intend to place reliance on it, it would be just and proper that a copy of the same being furnished to the appellant also.
5.
On this short ground, the order of the learned Single Judge warrants interference. Accordingly, the order dated 10.12.2024, made in W.P(MD)No.29852 of 2024, is set aside. Consequently, there shall be a direction to the 2nd respondent herein, to forthwith furnish a copy of the report of the enquiry committee dated 12.09.2024, to the appellant, prior to the next hearing of the enquiry. Further, since the time limit of four weeks granted by us in our earlier order dated 18.11.2024, made in W.A(MD)No.2359 of 2024, is about to expire, the respondents are granted further two weeks time, to complete the enquiry, that was ordered in W.A(MD)No.2359 of 2024.
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6.
Accordingly, the Writ Appeal stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. (M.S.R, J.) (A.D.M.C, J.) Index : Yes / No 18.12.2024 bala To
1. The Managing Director, Tamil Nadu Civil Supplies Corporation, Head Office, Chennai Metro Rail Office Complex, Poothamalee Highway, Koyambedu, Chennai - 600 107.
2. The Sub Collector/Regional Manager, Tamilnadu Civil Supplies Corporation, Madurai Region, Madurai.
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M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
bala JUDGMENT MADE IN DATED : 18.12.2024 Page No.5 of 5