Petitioner, suspended for liquor adulteration, was acquitted in criminal proceedings. He paid the alleged misappropriation amount in departmental proceedings. The Court directed the authority to recommend his reinstatement.
Direction to send appropriate recommendation to the second respondent for reinstating the petitioner within six weeks.
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 : 16.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.14403 of 2016 and
WMP.No.12593 of 2016 and
WMP.No.2141 of 2019
M.Murugan ..Petitioner
Vs.
Prayer : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the third respondent to revoke the order of suspension dated 10.06.2010 issued to the petitioner in Se.Mu.Ka No.A2/1703/2010 and reinstate the petitioner into service with all attendant benefits arising thereto.
For Petitioner : Mr.N.Fidelia
For Respondents : Mr.K.Sathishkumar
for TASMAC
ORDER
The petitioner was placed under suspension for adulteration of liquor while the petitioner was employed as a salesman with respondent TASMAC. He was also prosecuted for adulteration before the Chief Judicial Magistrate which has resulted in his aquittal in C.C.No.61 of 2011 by an order dated 02.05.2013.
against petitioner by order dated on 04.09.2010. From the order, is is noticed that there was alleged mis-appropriation for an amount of Rs.9,30,569/-. The second respondent has passed an order dated 21.11.2014 where by the second respondent has said that if the petitioner pays the aforesaid amount of Rs.9,30,569/- , appropriate recommendations will be sent to the first respondent for reinstating the petitioner.
Sd/-
Assistant Registrar(CS-IV)
//True Copy//
Sub Assistant Registrar
adl
To
W.P.No.14403 of 2016 and WMP.No.12593 of 2016 and WMP.No.2141 of 2019
KSM(CO)
RGA(27/09/2021)
1 issue framed by the court
Whether the respondent authority is directed to recommend the reinstatement of the petitioner who was suspended and acquitted in the related criminal case after paying the alleged misappropriated amou
1 provisions across 1 enactments
M.Murugan
The Director, (TASMAC) Tamilnadu State Marketing Corporation
The Senior Regional Manager (TASMAC)
The District Manager (TASMAC)
C.Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
