R.Arun Kumar Vs the Director

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the order passed by the third respondent Na.Ka.No.801/A2/2024 dated 24.04.2024 quash the same and consequently direct the third respondent to reinstate the petitioner with all monetary and service benefits including the backwages.

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

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W.P.No.18060 of 2024

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For Petitioner : Mr.L.P.Shanmugasundaram

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For Respondents : R1 – No Appearance Mr.C.Jayaprakash for R2 Government Advocate Mr.S.Manuraj for R3

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O R D E R

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The instant writ petition has been filed challenging the order

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dated 24.04.2024 on the sole ground that no notice have been given prior to issuance of the order of termination.

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2.The said factum was fairly admitted by the learned counsel appearing for the third respondent. Therefore, it is obvious that the impugned order dated 24.04.2024 is liable to be quashed.

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3.When this Court intend to pass an order to reinstate the petitioner, the learned counsel appearing for the third respondent would submit that the third respondent would pay backwages from 24.04.2024 till today, and will also continue to pay his last drawn salary till the completion of the disciplinary proceedings.

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4.In view of the above position, this Court deems it appropriate to set aside the impugned order dated 24.04.2024 and the matter is 2/4

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

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W.P.No.18060 of 2024

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remitted back to the third respondent to conduct fresh enquiry in accordance with law and after following due procedures and after affording opportunity to the petitioner. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. It is further directed that as agreed by the third respondent, they are directed to pay backwages from 24.04.2024 to till date (01.08.2025), and further directed to continue to pay monthly salary to the petitioner until completion of the enquiry. The third respondent is directed to pay the backwages, within a period of four weeks from the date of receipt of a copy of this order.

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