1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12/08/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)No.9077 of 2011 G.Pandy ... Petitioner Vs 1. The Managing Director Tamil Nadu State Marketing Corporation Ltd., CMDA Tower – II, 4th Floor, Egmore, Chennai -8 . 2. The Senior Regional Manager TASMAC Ltd., Plot No.100 Anna Nagar, Madurai -20. 3.The District Manager (General) TASMAC Ltd., Madurai Region. ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records pertaining to the order of removal from service passed by the third respondent vide Na.Ka.No.A/435/2007 dated 23.04.2007 and quash the same and consequently directing the respondents to reinstate the petitioner in service with all attendant benefits and backwages. For petitioner ... Mr.M.Arunmurugan For respondents ... Mr.Muniasamy O R D E R Mr.Muniasamy, learned standing counsel for TASMAC, takes notice for the respondents. By consent, the writ petition is taken up for final disposal. 2. Perusal of the impugned in R.C.No.A/435/2007, dated 23.04.2007, shows that the petitioner was an Assistant in IMFL shop No.5248, Ellis Nagar, Madurai. Based on a family dispute, a criminal case has been registered against him on the file of the Inspector of Police, All women Police Station, Thirumangalam, and that, on receipt of a letter in R.C.No.3/2007/AWPS/TMM/07, dated 23.04.2007, from the above said investigating officer, the petitioner has been straight away removed from the post of Assistant, by the District Manager(General), TASMAC, the third respondent herein. He has further stated that final decision will be taken after enquiry. 3. Material on record also discloses that in the criminal case registered against the petitioner by his wife, has culminated into C.C.No.39 of 2009 and by judgment dated 19.07.2011, the learned Judicial Magistrate, No.I, Madurai, has acquitted the petitioner. Pursuant to https://hcservices.ecourts.gov.in/hcservices/ 2 which, the petitioner has made a representation, dated 03.02.2010 to the District Manager, TASMAC, Madurai, to reinstate him into service. 4. It is apparent from the perusal of the material on record that for mere registration of a criminal case against the petitioner, he has been straight away removed from service without holding any enquiry. No specific charges have been framed. The case on hand is squarely covered by a Division Bench of this court in Periyannan.G. vs. The Government of Tamil Nadu reported in 2007 (3) CTC 806. 5. Following the above said decision, the impugned order is set aside and the writ petition is allowed with a direction to the District Manager, (General), Madurai Region, to reinstate the petitioner into service within a fortnight from today and it is open to him to frame charges and proceed with the enquiry, if materials warrant to do so. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Managing Director Tamil Nadu State Marketing Corporation Ltd., CMDA Tower – II, 4th Floor, Egmore, Chennai - 8. 2. The Senior Regional Manager TASMAC Ltd., Plot No.100 Anna Nagar, Madurai - 20. 3. The District Manager (General) TASMAC Ltd., Madurai Region. Writ Petition No.9077 of 2011 12.08.2011 RR RJ/25.8.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/