The Court quashed a suspension order due to prolonged pendency without serving charge memos or issuing a charge sheet. Applying the ratio from Ajay Kumar Choudhary v. Union of India, the petitioner was directed to be reinstated within one week.
Suspension order quashed; petitioner reinstated in service within one week from receipt of order.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.7092 of 2018
IN WMP.NOS.8793 & 8794 OF 2018
K.Sivakumar
.. Petitioner
-vs-
The Deputy Collector/District Manager Tamil Nadu State Marketing Corporation Ltd., Chennai District (Chennai North) B-4, Ambattur Industrial Estate Chennai 600 058
.. Respondent
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records pertaining to the suspension order of the respondent in Che.Mu.Ka.No.A1/254/2014 dated 26.06.2014 and quash the same in so far as the suspension order against the petitioner is concerned and consequently reinstate the petitioner in service as Salesman in TASMAC Ltd.
For Petitioner :: Mr.C.K.M.Appaji For Respondent :: Mr.P.Arumugarajan Standing Counsel
ORDER
This writ petition has been filed challenging the old suspension order dated 26.6.2014 passed by the Deputy Collector/District Manager of Tamil Nadu State Marketing Corporation Ltd., Chennai District citing a reason that on 10.5.2014, when an internal audit was conducted in the shop by a private auditor M/s Bala Chander & Co., it was revealed that there was a shortage of Rs.11,940/- from the shop account and this has caused revenue loss to the TASMAC in violation of the rules. In view thereof, the petitioner was placed under suspension.
Sd/-
Assistant Registrar(CS-vii)
//True Copy//
Sub Assistant Registrar
ss
To
1. The Deputy Collector/District Manager
Tamil Nadu State Marketing Corporation Ltd.,
Chennai District (Chennai North)
B-4, Ambattur Industrial Estate
Chennai 600 058.
+ 1 cc to Mr. C.K.M. Appaji, Advocate Sr.24266
W.P.No.7092 of 2018
(Cs-vii)
EU(11/04/2018 )
3 issues framed by the court
Whether a suspension order should be maintained when no charge memo has been served within three months and no reasoned order passed for its extension.
Whether the respondent is directed to reinstate the petitioner after quashing the impugned suspension order.
Whether the petitioner is entitled to subsistence allowance during prolonged suspension without charges.
Colour shows how this judgement treated each authority
Ajay Kumar Choudhary v. Union of IndiaApplied¶17
Ajay Kumar Choudhary v. Union of India through its Secretary and another, (2015) 7 SCC 291 · Who else cites this
1 provisions across 1 enactments
K.Sivakumar
The Deputy Collector/District Manager Tamil Nadu State Marketing Corporation Ltd., Chennai District
T.Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
