IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.08.2010 Coram: THE HONOURABLE Ms. JUSTICE K.B.K.VASUKI W.P.Nos.6963 of 2010 U.S.Udhayasuriyan .. Petitioner vs. 1.The Managing Director Tamil Nadu Civil Supplies Corporation Ltd., No.12,Thambusamy Road, Kilpauk, Chennai-10. 2.Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Post Box No.,30, Mannargudi Road, Thiruvarur District-610 001. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified mandamus, to call for the records connected with the proceedings of the second respondent in Na.Ka.No.PP3/3110/2010 dated 19.03.2010 and to quash the same, consequently to direct the respondents to reinstate the petitioner in service as Permanent Bill Clerk based on the proceedings of the first respondent in Na.Ka.No.P3/2611/2010 dated 05.03.2010. For Petitioner : Mr. K.Jayaraman For Respondents : Mr.V.Selvanayagam. ORDER On consent, the writ petition is taken up for final hearing. 2.The writ petition is filed to quash the order of the second respondent in his proceedings in Na.Ka.No.PP3/3110/2010 dated 19.03.2010 and to consequently direct the respondents to reinstate the petitioner in service as Permanent Bill Clerk based on the proceedings of the second respondent in Na.Ka.No.P3/2611/2010 dated 05.03.2010. https://hcservices.ecourts.gov.in/hcservices/ 3. Originally the petitioner was appointed as Seasonal Bill Clerk in the Tamil Nadu Civil Supplies Corporation Limited sponsored through employment exchange on temporary basis during 2001 and the service of the petitioner was made permanent by the proceedings of the second respondent dated 05.03.2010. While so, the impugned order was passed by the second respondent on 19.03.2010, dismissing the petitioner from service for certain irregularities allegedly found out in the course of surprise visit on 02.02.2010 by the Chief Vigilance Committee. The impugned order is seriously challenged on the ground that this petitioner is sent out from service without notice or without framing any charges and conducting any enquiry and without any opportunity given to the petitioner and is hence in violation of the principles of natural justice and the procedure laid down under Article 311 of the Constitution of India and is hence illegal and invalid in law. The learned standing counsel for the respondent Civil Supplies Corporation is not in a position to deny such serious objection raised on behalf of the petitioner. 4.Thus the fact remains undisputed is that the order of dismissal of the petitioner whose service is regularized by the second respondent is passed by way of major penalty without any show cause notice, without framing any charge, without holding any enquiry and without giving the petitioner any opportunity of being heard and to defend the charges leveled against him. It is well settled law that any order passed even by the quasi judicial authority involving Civil consequences shall be free from bias and arbitrariness and in accordance with the principles of natural justice. Where as, the impugned order herein is totally in derogation of the procedure laid down in law and is hence irregular and illegal and is liable to be quashed. However the same will not preclude the respondents from initiating appropriate action against the petitioner for any irregularity in accordance with law. 5.In the result, the writ petition is allowed by setting aside the order of the second respondent in his proceedings in Na.Ka.No.P3/2611/2010, dated 05.03.2010 with further direction issued to the respondents to reinstate the petitioner in service with continuity of service and monetary and other attendant benefits with further liberty given to the respondents to initiate appropriate action against the petitioner for irregularity if any in accordance with law. The petitioner shall be reinstated his service within one week from the date of receipt of copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 6.With this observation, the writ petition is allowed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar kkd To 1.The Managing Director Tamil Nadu Civil Supplies Corporation Ltd., No.12,Thambusamy Road, Kilpauk, Chennai-10. 2.Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Post Box No.,30, Mannargudi Road, Thiruvarur District-610 001. AKR(CO) km/13.9 W.P.No.6963 of 2010 https://hcservices.ecourts.gov.in/hcservices/