The High Court quashed an order terminating a shop salesman after an inquiry was held without providing the forensic report. The court remitted the matter for a fresh inquiry.
Impugned order set aside; matter remitted for fresh inquiry within 8 weeks with forensic report; liberty to file representation regarding back pay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.09.2016 CORAM THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.17486 of 2015 and M.P.No.1 of 2015
M.Soundararajan
... Petitioner
vs.
The District Manager (incharge), Tamilnadu State Marketing Corporation Limited, Arakonam, Vellore District ... Respondent
Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of certiorarified mandamus, to call for the records of the respondent in Che. Mu. Ka.ka.A2/507/ C.V./ 2014 dated 29.08.2014 (received by the petitioner on 28.05.2015) and quash the same and consequently direct the respondent to reinstate the petitioner back into service with all consequential and attendant benefits.
For Petitioner : Mr.V.Rajinikanth For Respondents : Mr.C.Kasirajan, ORDER
By consent, the main writ petition itself is taken up for final disposal.
of the amount to the tune of Rs.28,200/- and also alleged that certain liquor bottles found to have been mixed with water. At the instance of the flying squad, the petitioner along with a supervisor and another shop salesman were placed under suspension. Since subsistence allowance was not paid, the petitioner filed W.P.No.13815 of 2014 before this Court and this Court passed a final order on 21.05.2014 directing the respondent to proceed with the enquiry and complete the same within a period of 3 months and directed to pay the subsistence allowance to the petitioner and also directed to reinstate the petitioner in the event of enquiry not completed within 3 months.
consequently, this matter is remitted back to the respondent directing him to conduct fresh enquiry by furnishing forensic report to the petitioner and conclude the same within a period of 8 weeks from the date of receipt of a copy of this order. So far as the subsistence allowance of the petitioner is concerned, he is at liberty to make a representation to the respondent. On receipt of the same, the respondent is directed to pass appropriate order regarding payment of subsistence allowance.
Sd/-
Asst. Registrar.
/true copy/
Sub Asst. Registrar.
mrp
To
The District Manager,
Tamilnadu State Marketing Corporation Limited,
Arakonam, Vellore District
+1 CC to M/s. V. Rajinikanth, Advocate Sr.No.54421
W.P.No.17486 of 2015
SM (CO)
MD : 06/10/2016
1 issue framed by the court
Whether the termination of the petitioner's service is sustainable when the enquiry was conducted without furnishing the forensic report to the petitioner.
1 provisions across 1 enactments
M.Soundararajan
The District Manager (incharge), Tamilnadu State Marketing Corporation Limited, Arakonam
R.Subbiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
