1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18/04/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.4211 of 2011 and M.P (MD) No.1 of 2011 S.Kalaiyarasan, S/o.M.Shanmugam D.No.3/513 Mela Agraharam Sithurajapuram Post, Kumbakonam Taluk Thanjavur District. ... Petitioner Vs The District Manager/Deputy Collector Tamil Nadu State Marketing Corporation (TASMAC) Thanjavur District Thanjavur. ... Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus to call for the records relating to the order passed by the respondent in his proceedings in Na.Ka.No.391/R.V-2/2009 dated 11.03.2010 and the consequential order passed by the respondent in Na.Ka.No.RV-2/12/2010 dated 13.09.2010 and quash the same and consequently direct the respondent to reinstate the petitioner into service in the respondent corporation. For petitioner ... Mr.M.Sureshkumar For Respondents ... Mr.J.Ravindran O R D E R Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent Corporation. 2. By consent, the Writ Petition is taken up for final hearing. 3. The petitioner has come up with the present Writ petition challenging the order of dismissal passed by the respondent dated 13.09.2010. 4. The case of the petitioner is that he was appointed as Supervisor in TASMAC Shop at Kumbakonam, Thanjavur District, on a consolidated pay. The said appointment was through Employment Exchange and after conducting the interview. 4.1. While so, on 28.11.2009, the District Manager, TASMAC, Pudukottai District, conducted a surprise visit in the TASMAC shop, where he is employed as a Salesman. It is stated that there was adulteration https://hcservices.ecourts.gov.in/hcservices/ 2 and hence the petitioner was directed to offer an explanation. Thereupon without conducting any enquiry, he was dismissed from service. Though the said order could be canvassed before the Appellate Authority, since no enquiry was conducted and the petitioner was dismissed from service without following due process of law, the petitioner has approached this Court by filing the present Writ petition for the relief stated earlier. 5. On notice, the learned counsel appearing for the respondent Corporation was directed to produce the files pertaining to the matter in issue. The files have been produced before this Court. The learned counsel appearing for the respondent was directed to show from the file that any enquiry was conducted before passing the order of dismissal against the petitioner. The learned counsel appearing for the respondent has to fairly admit that except seeking an explanation from the petitioner and the report drawn thereon by the Enquiry Officer, the file does not show that an enquiry was conducted and an order of dismissal was passed. 6. Thus, as rightly contended by the learned counsel appearing for the petitioner, the petitioner was dismissed from service without conducting any enquiry. 7. In view of the above facts and circumstances of the case, I am inclined to set aside the impugned order of the respondent, dated 11.03.2010 and the consequential order passed by the respondent, dated 13.09.2010, on the sole ground that the order of dismissal was passed against the petitioner without conducting any enquiry. 8. In fine, the Writ Petition stands allowed and the respondent is directed to reinstate the petitioner into service as a Salesman in the respondent corporation forthwith. However, this order will not stand in the way of the respondent conducting an enquiry and passing orders thereon afresh. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Crl. Side) /True Copy/ Sub Assistant Registrar (C.S) To The District Manager/Deputy Collector Tamil Nadu State Marketing Corporation (TASMAC) Thanjavur District, Thanjavur. + 1 cc ot Mr.J.Ravindran, Advocate, SR No.14004 + 1 cc to M/s.M.Sureshkumar, Advocate, SR No.14346 W.P.(MD) No.4211 of 2011 and M.P.No.1 of 2011 18.04.2011 RR RJ/3.5.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/