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M.Rajasekaran vs The Senior Regional Manager
2023 Latest Caselaw 11192 Mad

Citation : 2023 Latest Caselaw 11192 Mad
Judgement Date : 24 August, 2023

Madras High Court
M.Rajasekaran vs The Senior Regional Manager on 24 August, 2023
                                                                          W.P.(MD).No.18913 of 2023




                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 24.08.2023

                                                    CORAM

                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                         W.P.(MD).No.18913 of 2023
                                       and WMP(MD)No.15713 of 2023

                M.Rajasekaran
                                                                                    ... Petitioner

                                                     Vs

                The Senior Regional Manager,
                TASMAC, No.100, Anna Nagar,
                Madurai - 20.
                                                                                 ... Respondent


                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, direct the respondent to
                dispose the appeal filed by the petitioner, dated 09.01.2017 within a time
                stipulated by this Court.


                                   For Petitioner    : Mr.M.Rajasekaran (Party In Person)

                                   For Respondent    : Mr.H.Arumugam
                                                       Standing Counsel




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



                1/5
                                                                                  W.P.(MD).No.18913 of 2023




                                                         ORDER

The present writ petition has been filed seeking a direction to the

respondent to dispose the appeal filed by the petitioner, dated 09.01.2017

within a time stipulated by this Court.

2.By consent of both parties, this Writ Petition is taken up for final

disposal at the stage of admission itself.

3.Heard, Mr.M.Rajasekaran (Party In Person) appearing for the

petitioner and Mr.H.Arumugam, learned Standing Counsel appearing for the

respondent. Perused the materials on record.

4.(i).The petitioner was appointed as a Salesman by the Tamil

Nadu State Marketing Corporation Limited, Sivagangai District on 29.12.2003.

Thereafter, he was transferred to Shop No.7664, Thiruppachethi. While he was

in service, he was dismissed on the ground that a criminal case was filed

against him in C.C.No.148 of 2014 on the file of Judicial Magistrate Court

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

W.P.(MD).No.18913 of 2023

No.II, Sivagangai. However, the petitioner was acquitted in the said case, vide

Judgment, dated 09.05.2019.

(ii).In the meanwhile, it was informed to the petitioner that he was

dismissed from service. Therefore, the petitioner filed W.P.(MD)No.21094 of

2019 calling for the records of the second respondent, with respect to order of

termination, dated 30.08.2016.

(iii).This Court was pleased to dismiss the said writ petition, with a

liberty given to the petitioner to prefer an appeal challenging the said

termination order, within a period of 30 days, from the date of receipt of copy

of the order.

(iv).In view of the same, the petitioner made an appeal before the

respondent on 09.01.2017 against the termination order, dated 30.08.2016.

However, the same was not considered by the respondent, after lapse of six

years. Hence, the writ petition came to be filed.

5.When this matter came up for hearing, the learned counsel for the

respondent submitted that notice has already been served upon the petitioner to

attend the enquiry on 28.08.2023, with respect to said appeal, dated 09.01.2017.

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

W.P.(MD).No.18913 of 2023

6.Recording the same, this Court hereby direct the petitioner to

appear before the respondent and participate in the enquiry on 28.08.2023 and

the respondent is directed to conclude the enquiry and pass orders, in

accordance with law, within a period of one (1) week, from the date of receipt

of a copy of this order.

7.Accordingly, this writ petition stands disposed of. There shall be

no order as to costs. Consequently, connected miscellaneous petition is closed.




                                                                               24.08.2023

                NCC               : Yes / No
                Index             : Yes / No
                Internet          : Yes
                PNM

                To

                The Senior Regional Manager,
                TASMAC, No.100, Anna Nagar,
                Madurai - 20.




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




                                             W.P.(MD).No.18913 of 2023




                                       L.VICTORIA GOWRI, J.

                                                               PNM




                                                    ORDER IN
                                      W.P.(MD).No.18913 of 2023
                                  and WMP(MD)No.15713 of 2023




                                                        24.08.2023




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




 
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