1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.10.2011 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.864 of 2011 and M.P.(MD)Nos.2,3 and 4 of 2011 J. Nedunchezhiyan, S/o. Late Jeganadhan, 1/196-A, Bharath Nagar, Pulangudi Colony, Happ (Post), Tiruchirappalli District. :Petitioner -Vs- The Deputy Collector / District Manager, Tamil Nadu State Marketing Corporation, Thanjavur District, Thanjavur. :Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.12/R.V-2/2010 dated 23.11.2010 passed by the respondent and quash the same as illegal and consequentially directing the respondent to reinstate the petitioner into service with all benefits. For Petitioners:Mr. C. M. Arumugam For Respondent :Mr. M. Muniasamy, Standing Counsel for TASMAC ORDER The petitioner has come up with the above writ petition, challenging an order of dismissal from service, imposed by way of penalty. 2.Heard Mr. C.M.Arumugam, learned counsel for the petitioner and Mr. M Muniasamy, learned Standing Counsel for the respondent. 3.The petitioner was employed as a Supervisor in a TASMAC shop. On 21.04.2010, the Senior Regional Manager, Tiruchirappalli conducted a sudden inspection of the shop. On the basis of a Report filed by him, a Memo was issued to the petitioner on 30.04.2010, pointing out six irregularities and calling upon the petitioner to give a reply. After the petitioner gave a reply, an Enquiry was conducted and the Enquiry Officer submitted a Report, holding the charges proved. On the basis of the said Report, the respondent herein passed the order dated 23.11.2010, dismissing the petitioner from service. Aggrieved by the said order, the petitioner is before this Court. 4.At the outset, an objection is taken by the respondent to the maintainability of the writ petition on the ground that as against the impugned order, an Appeal would lie to the Senior Regional Manager, Tiruchirappalli. But, the said objection is rejected, in view of the fact that the very inspection Report of the Senior Regional Manager forms the basis for the entire disciplinary proceedings. Therefore, there is no point in filing an Appeal to the very complainant, at whose instance the disciplinary proceedings were initiated. 5.Coming to the other issues, the charges framed against the petitioner themselves are not very clear. The charges read as follows:- 1. Ma;tpd;nghJ nkw;ghh;itahsh; beL";brHpad; kw;Wk; tpw;gidahsh; b$ar;re;jpud; kl;Lnk gzpapy; ,Ue;jdh;. 2. Ma;tpd;nghJ ,Uk;g[ mykhhpf;F fPnH kiwj;J itf;fg;gl;oUe;j bgg;rp Fsph;ghd ghl;oypy; milj;J itf;fg;gl;l kJghdk; nghd;w beoa[ila bghUs; 1 ypl;lh; kw;Wk; 1/2 ypl;lh; ghl;oy; jyh xd;W ifg;gw;wg;gl;lJ. ,J Fwpj;j tptuj;jpid nkw;ghh;itahsh; tpw;gidahsh; Tw kWj;jJ. https://hcservices.ecourts.gov.in/hcservices/ 2 3. re;njfj;jpd; nghpy; fPH;fz;l ghl;oy;fs; ifg;gw;wg;gl;lJ. mit: 1. fhodhy; gpuhe;jp 375 ml 5 ghl;oy; (Batch No.719/02.04.2010) 2. khdplh; gpuhe;jp 375 ml 5 ghl;oy; (Batch No.239/13.04.2010) 3. cwhdpnl gpuhe;jp 180 ml 1 ghl;oy; (Batch No.24/10.04.2010); 4. gpshf;nfl; uk; 180 ml 1 ghl;oy; (Batch No.55/30.03.2010) 5. DSP Whisky 180 ml 3 ghl;oy; (Batch No.6/09.03.2010) 4. kJf;Tlk; chpa mDkjp bgwhky; eilbgw;W te;jJ. kJf;Tlk; g{l;o rPy; itf;fg;gl;Ls;sJ. 5. jzpf;ifapd;nghJ ,Ug;g[ rhpghh;f;fg;gl;ljpy; Ugha; 39,837/- (Rupees Thirty Nine Thousand Eight Hundred and Thirty Seven only) TLjy; bjhif fz;lwpag; gl;Ls;sJ. 6. muRf;F tUtha; ,Hg;g[ Vw;gLj;jpaJ lh!;khf; tpjpfSf;F g[wk;ghf bray;gl;lJ. 6.A perusal of the above charges show that the first charge is no charge at all. The fact that the petitioner was found in the shop can never be a misconduct. The sixth charge, alleging the causing of loss to the institution is very vague since the details are not furnished. The fifth charge is that an amount of Rs.39,837/- (Rupees Thirty Nine Thousand Eight Hundred and Thirty Seven only) was found in excess. No evidence was let in on the side of the Management before the Enquiry Officer to prove such a charge. 7.The fourth charge actually related to a person, who had licence to run a Bar. The charge is that despite the cancellation of the licence, the licensee continued to run the Bar. What was the role of the petitioner in allowing the licensee to run the Bar is not indicated in the Charge memo Unless the allegation of the respondent is that the petitioner permitted an unlawful person to run the Bar, the fact that the licensee continued to run the Bar cannot be taken to be the misconduct on the part of the petitioner. 8.Insofar as Charge No.3 is concerned, it merely states that certain bottles were seized on suspicion. What happened thereafter is not indicated in the charge memo. Mere seizure of bottles suspected to contain liquor from a liquor shop is no misconduct, unless they are alleged to have been contaminated or to have contained spurious material. The charge is not that there was spurious material. 9.Thus, all the charges lacked clarity and precision. Apart from this, no witnesses were examined and merely based upon the reply given by the petitioner, the Enquiry Officer concluded the Enquiry. Therefore, the whole proceedings are vitiated and are liable to be set aside. 10.Accordingly, this writ petition is allowed and the impugned order is set aside. The respondent is directed to reinstate the petitioner into service within a period of eight weeks from the date of receipt of a copy of this order. However, it is open to the respondent to frame proper charges with clarity and proceed in accordance with law. The question of consequential benefits would depend upon the ultimate outcome of the proceedings so initiated. There will be no order as to costs. The connected M.P.(MD)Nos.2,3 and 4 of 2011 are closed. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To:The Deputy Collector / District Manager, Tamil Nadu State Marketing Corporation, Thanjavur District, Thanjavur. +1CC to Mr.C.M.Arumugam, Advocate. SR.No.37528. RP/09.11.2011/2P/3C. WP(MD)No.864 of 2011 and MP(MD)Nos.2,3 and 4 of 2011 https://hcservices.ecourts.gov.in/hcservices/