Madras High Court
P.Velu vs Tamil Nadu State Marketing ... on 4 February, 2021
W.P.Nos.2358 & 2359 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2021
CORAM:
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN
W.P.Nos.2358 and 2359 of 2021
P.Velu ... Petitioner in W.P.No.2358 of 2021
K.Radhakrishnan ... Petitioner in W.P.No.2359 of 2021
vs.
1. Tamil Nadu State Marketing Corporation (TASMAC),
rep. By its Senior Regional Manager,
Trichy Region,
Old Collector Office Campus,
Trichy.
2. The District Manager,
Tamil Nadu State Marketing Corporation (TASMAC),
Villupuram – 605 602. ... Respondents in both W.Ps.
Writ Petitions filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the Respondents to consider the
Petitioners' representation dated 10.12.2020 making the request to complete
the enquiry and revoke the order of suspension in accordance with law and on
its merits.
For Petitioner in both W.Ps. : Mr.Balan Haridas
For Respondents in both W.Ps. : Mr.K.Sathish Kumar
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W.P.Nos.2358 & 2359 of 2021
COMMON ORDER
Petitioners have come up with the present Writ Petitions seeking a
direction to the Respondents to consider their representations dated
10.12.2020 seeking to complete the enquiry and revoke the order of
suspension, in accordance with law and on its merits.
2. As the issue involved in both Writ Petitions is one and the same,
cases are taken up for disposal by a common order.
3. Learned counsel for the Petitioners submitted that, both the
Petitioners have been falsely implicated in a case, consequent to which, they
were placed under suspension on 15.04.2020. For revocation of suspension,
Petitioners made representations to the 2nd Respondent on 10.12.2020 and
also requested the Respondents to pay Subsistence Allowance. However, the
same did not evoke any response.
4. Mr.K.Sathish Kumar, learned Standing Counsel, who takes
notice for the Respondents submitted that, serious charges have been made
against the Petitioners and that, the factum of conclusion of the case filed
against them needs to be ascertained.
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W.P.Nos.2358 & 2359 of 2021
5. Considering the facts and circumstances of this case, this Court
is of the view that, if the Petitioners are under suspension beyond the required
period, it is open to the Respondents to consider their request after payment
of arrears of subsistence allowance, and review the same in the light of the
judgments of the Honourable Supreme Court in the case of State of
Tamilnadu vs. Promod Kumar IPS and another reported in AIR 2018 SC
4060 and in the case of Ajay Kumar Choudhary vs. Union of India
reported in 2015 (3) CTC 119.
6. It is needless to mention that, if any departmental proceedings
have been commenced or initiated, it is open to the Respondents to proceed
with the same so as to bring the proceedings to a logical end, dehors
pendency of the criminal case, as both criminal proceedings as well as
departmental proceedings can go on simultaneously and the criminal case
should be proved beyond reasonable doubt by adducing oral and
documentary evidence, whereas, charges in the departmental proceedings
should be established on the basis of preponderance of probability. If
criminal proceedings are not initiated or concluded within one year from the
date of F.I.R., there is no hindrance on the part of the employer to proceed
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W.P.Nos.2358 & 2359 of 2021
with the departmental proceedings on a day to-day basis and bring the issue
to a logical end at the earliest point of time and the employee will have to
participate in the departmental proceedings and shall not attempt to adopt
dilatory tactics.
With the above observation, these Writ Petitions are disposed of.
No costs.
04.02.2021
Index : Yes/No
Speaking order : Yes/No
(aeb)
To:
1. The Senior Regional Manager,
Tamil Nadu State Marketing Corporation (TASMAC),
Trichy Region,
Old Collector Office Campus, Trichy.
2. The District Manager,
Tamil Nadu State Marketing Corporation (TASMAC),
Villupuram – 605 602.
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W.P.Nos.2358 & 2359 of 2021
S.VAIDYANATHAN, J.
(aeb)
Common Order in
W.P.Nos.2358 & 2359 of 2021
04.02.2021
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