G. Palanisami v. District Manager, Tasmac Limited, Arakonam
2022-08-12
D.KRISHNAKUMAR
body2022
DigiLaw.ai
JUDGMENT (Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records on the file of the respondent in Ref.No.Se.Mu.Na.Ka.No.A1/596/Si.Vi./2022, dated 26.07.2022, and quash the same.) Common Order 1. These writ petitions have been filed challenging the order of suspension, dated 26.07.2022, passed by the respondent. 2. The petitioner in W.P.No.20172 of 2022 was working as Supervisor and the petitioner in W.P.No.20220 of 2022 was working as Salesman in the respondent Corporation/TASMAC. While so, on 22.07.2022, a surprise inspection was made by the Vigilance Squad, where, they found that, MGM Number 1 Brandy 750 ml was sold at a higher price @ Rs.680/- instead of Rs.640/-. The respondent issued a show cause notice on 26.07.2022, calling for explanation from the petitioners, however, without getting their explanation, the respondent proceeded to issue the impugned order of suspension, dated 26.07.2022, against the petitioners. Aggrieved by the same, the petitioners have filed the present writ petitions before this Court. 3. The learned counsel for the petitioners would submit that the fault is on the part of the salesman and the petitioners are no way connected to the alleged irregularities noted by the Vigilance Department and therefore, the impugned order is liable to be set aside. 4. The learned counsel for the respondent submitted that the petitioners have filed these writ petitions at a very earliest stage, since the petitioners have been placed under suspension only on 26.07.2022, and therefore, the writ petitions cannot be entertained, and it is for the petitioners to make appropriate representation for revocation of suspension, before the authorities concerned. 5. At this juncture, the learned counsel for the petitioners submitted that the petitioners are entitled to subsistence allowance, however, the respondent has not paid the subsistence allowance to the petitioners from the date of suspension. 6. Heard the learned counsel on either side and perused the materials available on record. 7. Considering the submissions of the learned counsel for both the parties and the prayer sought for in the present writ petition, this Court is of the view that the writ petitions cannot be entertained at this earliest point of time and it is for the petitioners to make a representation to the authorities concerned to consider their case for revocation of suspension order.
On receipt of any such representation from the petitioners, the respondent shall consider and pass appropriate orders on the same, on merits and in accordance with law, as early as possible without any delay. In the meantime, if any representation is received by the respondent from the petitioners for payment of subsistence allowance, the same shall also be considered by the respondent in accordance with the Rules. 8. With the above directions, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.