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2011 Supreme(Mad) 693

R.SUDHAKAR
M. Prakash – Appellant
Versus
District Manager, Tamil Nadu State Marketing Corp. Ltd. , (TASMAC), Tiruvallur District – Respondent


Appearing Advocates:
For the Petitioner:Ms. R. Thenmozhi Sivaperumal, Advocate.
For the Respondents:J. Ravindran, Advocate, L.S.M. Hasan Fazal, Government Advocate.

Judgment :-

1 This petition is filed to issue a writ of certiorarifiedmandamus to call for the records on the file of the second respondent dated 8.4.2008 in Se.Mu.Ka. No. C.V.2/882/2008 and quash the same and consequently direct the second respondent to reinstate the petitioner.

2 The petitioner was appointed on contract basis as a Salesman in TASMAC shop and by the impugned order his services were terminated and that is now under challenge.

3 The plea taken by the petitioner is that no enquiry was conducted and a charge memo was not issued. In the impugned order, the main reason stated is that the petitioner indulged in adulteration and therefore caused disrepute to the Corporation. This resulted in termination of petitioner service. He pleads that if he is reinstated, he .will not claim back wages.

4 The reason given by the authority appears to be contrary to policy of the State. In the case of liquor which is sold in the TASMAC shop, consumption is also permitted in the attached eatery. Even as per statutory notice, consumption of alcohol is injurious to health. Slogans like drink destroys family etc. are widely published. If that be so, if the petitioner adds water to the so calle









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