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2017 Supreme(Mad) 953

S.M.SUBRAMANIAM
S. Santhakumar – Appellant
Versus
Managing Director, The Tamil Nadu state Marketing corporation Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Singaravelan, Senior Counsel for Mr. G. Sankaran
For the Respondent: Mr. M. John Kannady Standing Counsel

ORDER :

The factual matrix, required to be considered in this writ petition, is whether the order of imposition of the penalty of termination on the writ petitioner, is in accordance with the procedures contemplated under the Tamil Nadu Civil Services (Discipline and Appeal) Rules or not.

2. The writ petitioner was working as a Salesman in a TASMAC Shop. Pursuant to the inspection report, holding that the writ petitioner was responsible for adulteration in the liquor bottles, thereby, tampered with the seal of the liquor bottles and noticing the misconduct during inspection, an Analysis Report was submitted on 12.01.2011. Pursuant to the Analysis Report, a charge memo was issued in proceedings dated 08.11.2011.

3. Mr. R. Singaravelan, learned Senior Counsel appearing for the writ petitioner is able to demonstrate that on perusal of two documents, the ratio of alcohol content itself varies with each other. When the discrepancy commenced from the very initiation, the entire proceedings become void because the enquiry and the subsequent proceedings conducted will not stand under the scrutiny, in view of the fact that there is a major discrepancy in identifying the nature of the charge it
















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