S. Saravana Kumar v. Senior Regional Manager (In-charge), TASMAC Limited
2014-06-17
K.RAVICHANDRA BAABU
body2014
DigiLaw.ai
Judgment : 1. In all these Writ Petitions, the petitioners are aggrieved against the orders passed by the first respondent, dated 12.06.2014 whereby these petitioners are temporarily relieved from service for the purpose of conducting an enquiry based on certain allegations. 2. Mr.G.R.Swaminathan, learned counsel appearing for the petitioners submitted that no specific charge is made against the petitioners in the impugned orders and they cannot be relieved from service temporarily without following the procedure contemplated under law. 3. Mr.M.Muniyasamy, learned Standing Counsel for TASMAC takes notice for the respondents in all the Writ Petitions. 4. On perusal of the impugned orders, challenged in these Writ Petitions, it is seen that though it is stated therein that the petitioners are temporarily relieved from service, in fact it has to be construed and treated only as an order of suspension. As rightly pointed out by the learned counsel for the petitioners the impugned orders are not properly worded. However the fact remains that the petitioners are kept out of employment temporarily, for the purpose of conducting an enquiry based on certain allegations. Hence, the respondents are directed to treat the impugned orders as one of suspension passed against the petitioners. 5. In similar circumstances, in respect of similar orders passed against very same TASMAC employees, this Court directed the respondents therein to commence and complete the disciplinary proceedings and pass final orders thereon within a period of three months and to pay subsistence allowance to the petitioners therein in the mean time. It was also made clear therein that if no such order is passed by the respondents within the time stipulated, the petitioners therein are entitled to get reinstatement. 6. The learned Standing Counsel appearing for the respondents fairly submitted that similar orders can be passed in these Writ Petitions also. 7. Considering all these facts and circumstances and by following the earlier order passed by this Court, these Writ Petitions are disposed of with the following directions:- a) The respondents are directed to commence and complete the disciplinary proceedings and pass final orders thereon within a period of three months from the date of receipt of a copy of this order. b) The petitioners are entitled to get the subsistence allowance during the period of suspension. Accordingly, the respondents are directed to pay subsistence allowance to the petitioners without any delay.
b) The petitioners are entitled to get the subsistence allowance during the period of suspension. Accordingly, the respondents are directed to pay subsistence allowance to the petitioners without any delay. c) If the disciplinary proceedings are not completed and final orders are not passed within the time stipulated herein, the petitioners are entitled to be reinstated into service automatically. No costs. Consequently, connected Miscellaneous Petitions are closed.