Disposed

K.Shanmugam v. The Managing Director

Madras HC22 May 2024WP(MD)/11253/2024

Case brief

AI extract

What is this about?

Employee challenged a recovery order for alleged loss while disciplinary proceedings were pending. The respondents' counsel undertook to withdraw the recovery order and pass fresh orders based on the disciplinary outcome. The writ petition was disposed of with a direction to refund amounts already recovered.

What did the court decide?

Respondents to withdraw the recovery order, refund the amount already recovered, and pass fresh orders after disciplinary proceedings conclude. No costs.

K.Shanmugam Vs The Managing Director — Service and Employment | Madras HC (2024)

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WP(MD) No.11253 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 22.05.2024

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CORAM:

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THE HONOURABLE MS.JUSTICE R.N.MANJULA

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W.P.(MD) No.11253 of 2024 and W.M.P.(MD)No.10009 of 2024

K.Shanmugam

... Petitioner

Vs.

1.The Managing Director, Tamil Nadu Civil Supplies 0Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-10.

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2.The General Manager (Administration), Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-10.

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3.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Madurai Region, Madurai.

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4.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Chennai (South) Region, Chennai.

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the orders of the third respondent passed in his

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

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WP(MD) No.11253 of 2024

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proceedings in Na.Ka.No.E4/005347/2022 dated 15.04.2024 and quash the same as illegal, consequently forbearing the third respondent from recovering the alleged loss amount from any salary till the departmental proceedings, as well as the appeal that is going to be filed against the final order is disposed of by the third respondent.

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For Petitioner : Mr.T.Leninkumar For Respondents : Mr.G.Mohankumar Standing Counsel

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ORDER

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The petitioner has filed this writ petition seeking a Writ of Certiorarified Mandamus to quash the order of the third respondent passed in his proceedings in Na.Ka.No.E4/005347/2022 dated 15.04.2024 as illegal and to forbear the third respondent from recovering the alleged loss amount from any salary till the departmental proceedings, as well as the appeal that is going to be filed against the final order is disposed of by the third respondent.

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Heard Mr. T.Leninkumar, learned counsel for the petitioner and Mr.G.Mohankumar, learned Standing Counsel, who accepts notice for the respondents.

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WP(MD) No.11253 of 2024

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By consent of both parties, this Writ Petition is taken up for

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final disposal at the stage of admission itself.

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The learned Standing Counsel appearing on behalf of the respondents, on instructions, submits that the order of recovery passed against the petitioner will be withdrawn forthwith and fresh orders would be passed depending upon the outcome of the disciplinary proceedings, which is pending as against the petitioner.

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In view of the submission made by the learned counsel for the respondents, the Writ Petition is disposed of. The respondents shall refund the amount already recovered from the petitioner in view of the order passed by the third respondent. No costs. Consequently, the connected miscellaneous petition is also closed.

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22.05.2024

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Index : Yes / No Internet : Yes / No NCC : Yes / No

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WP(MD) No.11253 of 2024

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1.The Managing Director, Tamil Nadu Civil Supplies 0Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-10.

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2.The General Manager (Administration), Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-10.

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3.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Madurai Region, Madurai.

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4.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Chennai (South) Region, Chennai.

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WP(MD) No.11253 of 2024

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R.N.MANJULA, J.

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Order made in W.P.(MD)No.11253 of 2024

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22.05.2024

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

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K.Shanmugam v. The Managing Director

Case brief

What is this about?

What did the court decide?

K.Shanmugam v. The Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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