Madras High Court
X.Joseph Daniel vs The District Manager on 25 September, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD) No.21154 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD) No.21154 of 2017
and
W.M.P.(MD) No.17417 of 2017
X.Joseph Daniel ... Petitioner
-vs-
The District Manager
(Madurai South)
Tamil Nadu State Marketing
Corporation (TASMAC)
Kappalur, Madurai District ... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorari calling for the records from the respondent in Na.Ka.No.
500/05/A dated 04.11.2017 and quash the same.
For Petitioner : Mr.N.Sathish Babu
For Respondent : Mr.H.Arumugam
Standing Counsel
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W.P.(MD) No.21154 of 2017
ORDER
This writ petition has been filed challenging the impugned charge
memo, dated 04.11.2017, issued by the respondent to the petitioner.
2. As seen from the impugned charge memo, the petitioner seems
to have misappropriated certain sums of money and a condition has been
imposed on him that if the said misappropriated money has not been repaid
within seven days, he will be terminated from service.
3. The petitioner denies the charges levelled against him in this
writ petition.
4. The petitioner, on receipt of the impugned charge memo,
though denying the contentions of the same, deposited the money with the
respondent within seven days as directed under the impugned charge memo,
without prejudice to his rights. Thereafter, the petitioner was reinstated into
service by the respondent, since the condition imposed under the impugned
charge memo was satisfied. While passing the reinstatement order dated
17.12.2018, the respondent has stated in the said order, that the
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reinstatement of the petitioner into service is subject to the outcome of the
criminal case, which was pending against him then, in C.C.No.134 of 2008.
5. It is now brought to the notice of this Court, through the
additional typed set of papers filed by the petitioner, dated 24.09.2024, that
the criminal case, which was earlier pending in C.C.No.134 of 2008, on the file
of the learned Judicial Magistrate No.I, Madurai, has now been disposed of by
Judgment dated 19.01.2023, under which the petitioner has been acquitted.
Since the petitioner has been acquitted from the criminal case, learned
counsel for the petitioner would submit that in terms of the reinstatement
order, issued by the respondent dated 17.12.2018, the impugned charge
memo, dated 04.11.2017, has to be quashed.
6. Learned Standing Counsel appearing for the respondent has
not raised any serious objection to the same and he is also in agreement to the
submissions made by the learned counsel for the petitioner before this Court
in view of the subsequent development.
7. Since the criminal case, which was earlier pending against the
petitioner before the learned Judicial Magistrate No.I, Madurai, in C.C.No.134
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of 2008, has now ended in acquittal by the Judgment of the Criminal Court
dated 19.01.2023, the question of further proceeding with the impugned
charge memo does not arise in view of the respondent's own statement made
in the reinstatement order that the reinstatement of the petitioner into service
is subject to the outcome of the criminal case, namely, C.C.No.134 of 2008,
pending on the file of the learned Judicial Magistrate No.I, Madurai. Since the
said criminal case has ended in acquittal, necessarily, the impugned charge
memo, for the foregoing reasons, has to be quashed and this writ petition will
have to be allowed.
8. Accordingly, this writ petition is allowed and the impugned
charge memo, dated 04.11.2017, issued by the respondent, is hereby
quashed. No costs. Consequently, connected miscellaneous petition is closed.
25.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
krk
and
25.09.2024
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