IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 16.12.2020

CORAM:

THE HONBLE MR. JUSTICE V.PARTHIBAN

WP No.17965 of 2020

& WMP Nos.22285 & 22287 of 2020

Thiruvengadam

....... Petitioner

.

Vs

1. Tamilnadu State Marketing Corporation Ltd.,

Represented by its Managing Director,

CMDA, Tower-II, 4th Floor,

Gandhi Irwin Bridge Road,

Egmore, Chennai - 600 008.

2. The Senior Regional Manager,

Tamilnadu State Marketing Corporation Ltd.,

Trichy Region,

District Collector Office,

Old Building, First Floor,

DRO Chamber,

Trichy-620 001.

3. The District Manager,

Tamilnadu State Marketing Corporation Ltd.,

No.59A, Compartment No.II,

Chennai Trunk Road,

Villupuram District.

......... Respondents

Prayer: This Writ Petition is filed under Article 226 of

the Constitution of India, praying for issuance of Writ of

Certiorari, calling for the records pertaining to the impugned

orders

passed

by

the

3rd

respondent

vide

in

Na.Ka.No.A5/04/2020 dated 21.05.2020, and quash the same.

For Petitioner : Mr.K.S.Kaviarasu

For Respondents: Mr.P.Arumugarajan

Standing counsel for TASMAC

ORDER

This writ petition is taken up through web hearing.

2. The writ petition is filed seeking for the following

prayer:

''for issuance of Writ of Certiorari, calling for the

https://hcservices.ecourts.gov.in/hcservices/

records pertaining to the impugned order passed by the 3rd

respondent vide in Na.Ka.No.A5/04/2020 dated 21.05.2020, and

quash the same''

3. The petitioner herein is challenging the impugned

order dated 21.05.2010 issued for certain acts of misconduct,

wherein he has been directed to pay penalty for the shortage

of stocks in store, to the tune of Rs.77,076/- to be paid

within 31.05.2020. The Corporation noticed certain short

fall, in the shop where the petitioner was employed as Shop

Supervisor, for which the petitioner has not properly

accounted for. Therefore, the impugned order was issued.

4. The principal contention on the part of the petitioner

was that no notice was issued before passing the impugned

order and as per the regulations governing the service

conditions of the Corporation Employee, notice should have

been issued before any adverse order is passed.

5. In this regard, the learned counsel appearing for the

petitioner would submit that in an identical issue, in respect

of another employee of the respondent Corporation, the Madurai

Bench of the High Court, vide its order dated 19.06.2020 in WP

(MD) No.6922 of 2020, set aside a similar order and granted

liberty to the respondents to issue fresh show cause notice to

the petitioner therein in terms of the rule position.

6. The learned standing counsel appearing for the

Corporation Mr.Arumugharajan, would acknowledge that no notice

was issued to the petitioner before passing the impugned

order.

7. In view of the admitted position that no notice was

given to the petitioner before passing the impugned order, on

that short ground, the writ petition is liable to be allowed.

8. In the said circumstances, the impugned order in

Na.Ka.No.A5/04/2020 dated 21.05.2020, is hereby set aside and

the writ petition is allowed. It is open to the Corporation

to initiate departmental action afresh against the petitioner

by conforming to the established principles of natural justice

and also complying with the rule position, if the Corporation

is so advised. No Costs. Consequently, the connected Writ

Miscellaneous Petitions are closed.

Sd/-

Assistant Registrar (CS-VII)

//True Copy//

Sub Assistant Registrar

dn

https://hcservices.ecourts.gov.in/hcservices/

To

1.The Managing Director,

Tamilnadu State Marketing Corporation Ltd.,

CMDA, Tower-II, 4th Floor,

Gandhi Irwin Bridge Road,

Egmore, Chennai - 600 008.

2. The Senior Regional Manager,

Tamilnadu State Marketing Corporation Ltd.,

Trichy Region,

District Collector Office,

Old Building, First Floor,

DRO Chamber,

Trichy-620 001.

3. The