High Court · 2025

WP(MD). Nos.23953 and 23954 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/11/2025CORAMTHE HONOURABLE MR. JUSTICE K.KUMARESH BABUWP(MD). Nos.23953, 23954, 25017, 25018 and 25019 of 2025andWMP(MD)Nos.18795, 18798, 18800, 18801, 19629, 19631, 19633, 19634, 19639 and 19640 of 2025WP(MD). Nos.23953 and 23954 of 2025Sekar, ... Petitioner in W.P(MD)No.23953 of 2025Jeganathan ... Petitioner in W.P(MD)No.23954 of 2025Vs1. The Managing Director,Tamilnadu State Marketing Corporation Ltd, 4th Floor, CMDA Building Tower II, Ganthi Irwin Bride Road, Egmore, Chennai 600 008.2. The Senior Regional Manager,Tamil Nadu State Marketing Corporation Ltd, No. 100 Anna Nagar, Madurai - 20.3. The District Magistrate,Tamil Nadu State Marketing Corporation Ltd, TASMAC, Ramanathapuram District. ... Respondents1/8 https://www.mhc.tn.gov.in/judis WP(MD). Nos.23953 and 23954 of 2025PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned suspension order issued by the 3rd respondent dated 26.08.2025 vide Na.Ka.No.A1/0958/2025 and quash the same and consequently directing the respondents to reinstate the petitioner into service in the Tasmac Shop No. 7001 Vannankundu Village, Ramanathapuram District along with back wages within the time stipulated by this Court. WP(MD). Nos. 25017, 25018 and 25019 of 20251.Muruganantham ... Petitioner(in W.P(MD)No.25017 of 2025)2.Kasirajan ... Petitioner(in W.P(MD)No.25018 of 2025)3.Baskara Sethupathi ... Petitioner(in W.P(MD)No.25019 of 2025)Vs1.The Managing Director, Tamilnadu State Marketing Corporation Ltd, 4th Floor, CMDA Building Tower II, Ganthi Irwin Bride Road, Egmore, Chennai - 600008.2/8 https://www.mhc.tn.gov.in/judis WP(MD). Nos.23953 and 23954 of 20252.The Senior Regional Manager, Tamilnadu State Marketing Corporation Ltd, No.100, Anna Nagar, Madurai - 20.3.The District Manager, Tamilnadu State Marketing Corporation Ltd, TASMAC, Ramanathapuram District. ... Respondents(in all cases) PRAYER in WP(MD)No.25017 of 2025:-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned suspension order issued by the 3rd respondent dated 28.08.2025 vide Na,Ka.No.A1/6928/2025 and quash the same and consequently directing the respondents to reinstate the petitioner into service in the tasmac Shop No.6928, Thiruvarangam Village, Ramanathapuram District along with backwage within the time stipulated by this Court.PRAYER in WP(MD)No.25018 of 2025:-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned suspension order issued by the 3rd respondent dated 28.08.2025 vide Na,Ka.No.A1/6924/2025 and quash the same and consequently directing the respondents to reinstate the petitioner into service in the Tasmac Shop No.6924, Parthibanoor Village, 3/8 https://www.mhc.tn.gov.in/judis WP(MD). Nos.23953 and 23954 of 2025Ramanathapuram District along with backwage within the time stipulated by this Court.PRAYER in WP(MD)No.25019 of 2025:-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned suspension order issued by the 3rd respondent dated 28.08.2025 vide Na,Ka.No.A1/6928/2025 and quash the same and consequently directing the respondents to reinstate the petitioner into service in the Tasmac Shop No.6928, Thiruvarangam Village, Ramanathapuram District along with backwage within the time stipulated by this Court.For Petitioner : Mr.K.P.S.Palanivelrajan, Senior Counsel for Mr. Ramakrishnan S For Respondent : Mr.Sivanesan Standing Counsel (in all cases)ORDERThese Writ Petitions are filed to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned suspension order issued by the 3rd respondent dated 26.08.2025 vide 4/8 https://www.mhc.tn.gov.in/judis WP(MD). Nos.23953 and 23954 of 2025Na.Ka.No.A1/0958/2025 and quash the same and consequently directing the respondents to reinstate the petitioners in WP(MD)Nos. 23953 and 23954 of 2025, into service in the Tasmac Shop No. 7001 Vannankundu Village, Ramanathapuram District along with back wages within the time stipulated by this Court and the impugned suspension order issued by the 3rd respondent dated 28.08.2025 vide Na,Ka.No.A1/6928/2025, Na,Ka.No.A1/6924/2025 and Na.Ka.No.A1/6928/2025 and quash the same and consequently directing the respondents to reinstate the petitioners into service in the Tasmac Shop No.6928, Thiruvarangam Village, Ramanathapuram District and Tasmac Shop No.6924, Parthibanoor Village, Ramanathapuram District, along with backwage within the time stipulated by this Court.2. The suspension has been challenged on the ground that the Code of Prevention and detection of Fraudulent Acts in Tamil Nadu State Marketing Corporation Limited, 2014, (herein after referred to as 'the Code') has been set aside by this Court in a writ petition. 5/8 https://www.mhc.tn.gov.in/judis WP(MD). Nos.23953 and 23954 of 20253. The charge against the petitioner is receipt of Rs.10/- over and above the MRP fixed. Such a charge not only entitles the petitioner to be proceeded departmentally but also can be proceeded under the provisions of the Prevention of Corruption Act. The petitioners have unjustly enriched themselves by demanding Rs.10/- over and above the MRP fixed for sale of IMFL. Section 7(a) of the Prevention of Corruption Act, 1988, envisages that any public servant who obtains / accepts / attempts to obtain from any person an undue advantage with the intention to perform a public duty improperly or dishonestly or to forbear or forbearance to perform his duty either by means or another would be an offence punishable under the said Act. The act of demanding Rs.10/- over and above the MRP for sale of IMFL causes a forbearance to perform his duty namely the sale of IMFL. Therefore, their conduct would also squarely fall under the said offence. Therefore, the contention raised by the petitioner that the Code as approved has been set aside by this Court, cannot be a ground for this Court to interfere with the order of suspension as if such interference is made, it would allow the petitioners to happily continue their unjustful enrichment. Therefore, this Court is not inclined to interfere with the orders of suspension. 6/8 https://www.mhc.tn.gov.in/judis WP(MD). Nos.23953 and 23954 of 20254. For the aforesaid reasons, these Writ Petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 03.11.2025NCC : yes / noIndex : yes / noInternet : yes / nopnn To1.The Managing Director, Tamilnadu State Marketing Corporation Ltd, 4th Floor, CMDA Building Tower II, Ganthi Irwin Bride Road, Egmore, Chennai - 600008.2.The Senior Regional Manager, Tamilnadu State Marketing Corporation Ltd, No.100, Anna Nagar, Madurai - 20.3.The District Manager, Tamilnadu State Marketing Corporation Ltd, TASMAC, Ramanathapuram District.7/8 https://www.mhc.tn.gov.in/judis WP(MD). Nos.23953 and 23954 of 2025 K.KUMARESH BABU,J pnn ORDER IN WP(MD). Nos.23953, 23954, 25017, 25018 and 25019 of 2025and WMP(MD)Nos.18795, 18798, 18800, 18801 of 2025 Date : 03/11/20258/8