The Managing Director vs T.Ramesh
2023 Latest Caselaw 3645 Mad

                                                                    W.A(MD)No.363 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                           DATED : 31.03.2023

                                                CORAM :

                          THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                         THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                       W.A(MD)No.363 of 2023
                                               and
                                      CMP(MD)No.3983 of 2023

                1. The Managing Director,
                Tamil Nadu State Marketing Corporation,
                CMDA, Tower-II, 4th Floor,
                Egmore, Chennai.

                2. The Senior Regional Manager,
                TASMAC,
                Trichy.

                3. The District Manager,
                TASMAC,
                BHEL Nagar,
                Thuvakudi,
                Trichhirappalli-620 015.                        ... Appellants

                                                  vs.

                T.Ramesh                                        ... Respondent


                          PRAYER : Appeal filed under Clause 15 of Letters Patent,
                against the order passed in W.P(MD)No.13928 of 2022 dated
                19.10.2022.




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                                                                                  W.A(MD)No.363 of 2023


                                  For Appellants        : Mr.S.Sivanesan
                                  For Respondent        : Mr.S.Paul Murugesh


                                                        JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

We see no merit in the writ appeal. The Writ Court has

found as of fact that there was no enquiry and the order of dismissal

was not communicated to the employee.

2. The learned counsel for the appellants Corporation would

contend that there was an enquiry and the order was communicated

to the employee. He would also rely upon the alleged

acknowledgment card that is now been produced as part of the

typedset of papers.

3. We do not think that we could accept such submission.

The Writ Court has found that there was no enquiry. Hence, we do

not think we should interfere with the order of the Writ Court,

inasmuch as the Writ Court has also remitted the matter giving

liberty to the appellants to issue a fresh charge memo. There is a

direction also to complete the enquiry within a period of sixteen https://www.mhc.tn.gov.in/judis

W.A(MD)No.363 of 2023

weeks. Since the time so granted has expired, we extend the time

for completion of the enquiry by three months from today.

4. The Writ Appeal is disposed of with the above

modification. No costs. Connected miscellaneous petition is closed.

(R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.) 31.03.2023

Index : Yes / No Internet : Yes Neutral Citation : Yes / No bala

To

1. The Managing Director, Tamil Nadu State Marketing Corporation, CMDA, Tower-II, 4th Floor, Egmore, Chennai.

2. The Senior Regional Manager, TASMAC, Trichy.

3. The District Manager, TASMAC, BHEL Nagar, Thuvakudi, Trichhirappalli-620 015.

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

W.A(MD)No.363 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

bala

JUDGMENT MADE IN W.A(MD)No.363 of 2023 DATED : 31.03.2023

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