Allowed

Balamurugan.R v. The Managing Director

Madras HC2 Nov 2023WP(MD)/9791/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition filed by a salesman against his suspension due to stock shortage. The Court set aside the suspension order as departmental proceedings concluded with penalty imposition, directing the petitioner to work out remedies regarding the penalty. Connected miscellaneous petition was closed.

What did the court decide?

The impugned order of suspension is set aside. The petitioner is directed to work out remedy regarding the penalty imposition.

Balamurugan.R Vs The Managing Director — Service and Employment | Madras HC (2023)

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W.P.(MD).No.9791 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 02.11.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.9791 of 2023 and

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W.M.P(MD) No.8628 of 2023

R.Balamurugan

... Petitioner

Vs.

The Managing Director,

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Tamil Nadu State Marketing Corporation Limited, (TASMAC), CMDA Tower-II,

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Gandhi Erwin Bridge Road,

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Egmore, Chennai – 600 008.

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The Senior Regional Manager,

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Tamil Nadu State Marketing Corporation Limited, (TASMAC), Plot No.100, Annanagar,

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Madurai – 625 020.

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The District Manager,

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Tamil Nadu State Marketing Corporation Limited, (TASMAC),

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Theni, Theni District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order issued by the third respondent in Na.Ka.No. 000470/2022/A1, dated Nil.01.2023 and quash the same.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.9791 of 2023

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For Petitioner : Mr.Shaji Chellan.L For Respondents : Mr.S.Sivanesan Standing Counsel

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O R D E R

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The present Writ Petition has been filed by a Salesman of Tamil Nadu

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State Marketing Corporation Limited, (TASMAC) challenging an order of suspension on the ground that during internal audit, shortage of stock was found and in contemplation of departmental enquiry, he was placed under suspension.

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2. The learned Standing Counsel appearing for the TASMAC brought to the notice of this Court that an order dated 23.08.2023 has been passed, wherein, the departmental enquiry has been concluded and penalty has been imposed upon the writ petitioner to pay the penalty amount within a period of seven days.

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3. However, the learned counsel appearing for the writ petitioner has not received any instructions with regard to the payment of the said amount.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.9791 of 2023

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4. Since the order of suspension was imposed, pending departmental proceedings and now, the proceedings has been concluded and punishment has been imposed, this Court does not find any reason for continuation of order of suspension. The order impugned in the writ petition is set aside.

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5. Accordingly, this writ petition stands allowed. It is for the writ petitioner to work out his remedy in the manner known to law with regard to the imposition of penalty. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

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02.11.2023 NCC : Yes/No 1/2 Index : Yes / No Internet : Yes / No ebsi

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.9791 of 2023

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The Managing Director, Tamil Nadu State Marketing Corporation Limited, (TASMAC)

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CMDA Tower-II, Gandhi Erwin Bridge Road, Egmore, Chennai – 600 008.

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The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited, (TASMAC),

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Plot No.100, Annanagar,

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Madurai – 625 020.

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The District Manager, Tamil Nadu State Marketing Corporation Limited, (TASMAC),

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Theni, Theni District.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.9791 of 2023

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R.VIJAYAKUMAR,J.

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ebsi

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W.P(MD)No.9791 of 2023

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02.11.2023

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https://www.mhc.tn.gov.in/judis

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Balamurugan.R v. The Managing Director

Case brief

What is this about?

What did the court decide?

Balamurugan.R v. The Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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