W.P.(MD)No.2506 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2025 CORAM: THE HON'BLE MR JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2506 of 2025 and WMP(MD).Nos.1771, 1772 & 1773 of 2025 K.Muthukumar ... Petitioner Vs. 1.The Managing Director Tamil Nadu State Marketing Corporation Limited (TASMAC) CMDA Towers 11, 4th Floor Egmore, Chennai 600 018. 2.The Senior Regional Manager Tamil Nadu State Marketing Corporation Ltd., (TASMAC) No.100, Anna Nagar Madurai 625 020 3.The District Manager Tamil Nadu State Marketing Corporation Limited (TASMAC) Ramanathapuram District .....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarafied Mandamus calling for the records pertaining to the impugned order passed by the third respondent vide Na.Ka.No.A1/6844/2024 dated 26.06.2024 and quash the same as illegal and 1 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2506 of 2025 unconstitutional and consequently direct the respondents to reinstate the petitioner into service along with back wages within the time stipulated by this Court. For Petitioner : Mr.S.Ramakrishnan For Respondents : Mr.Sivanesan Standing Counsel ORDER The instant writ petition has been filed by an Assistant working in TASMAC, challenging the order wherein the respondents have directed the petitioner to pay a sum of Rs.5,94,200/- so that they can consider his request for reinstatment in service. 2.The petitioner was suspended on 23.08.2014 on certain allegations. The petitioner was issued with a charge memo on 08.09.2014. Pursuant to an enquiry, a report was submitted on 24.11.2014. The respondent Corporation has issued with a second show cause notice calling for further explanation on 20.04.2016. It is stated that the petitioner has also submitted his further explanation and thereafter, no orders have been passed. 3.The petitioner herein has given a representation to the authority seeking to revoke the order of suspension. Since the said representation was not 2 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2506 of 2025 considered, the petitioner has filed WP(MD).No.7612 of 2024 seeking mandamus to reinstate the petitioner into service by revoking the petitioner's suspension order dated 23.08.2014 on the basis of his representation dated 17.02.2024. This Court by an order dated 26.03.2024 had directed the authority to consider the said representation on merits and in accordance with law. 4.In view of the order of this Court, the present impugned order has been passed on 26.06.2024. A perusal of the impugned order reveals that the entire shortgage of amount was deposited by other co-delinquents along with interest. However, the petitioner has not paid the interest amount of Rs.5,94,200/-. This order is under challenge in the present writ petition. 5.According to the learned counsel for the petitioner, when the other co-delinquents have accepted the delinquency and paid the entire amount along with interest, the petitioner cannot be saddled with the punishment of payment of interest. Per contra, the learned standing counsel for the respondent corporation has relied upon Clause -7 of Code of Prevention and Detection of Fraudulent Acts in Tamil Nadu State Marketing Corporation Limited -2014 and contended that the corporation is entitiled to recover the amount along with interest. Therefore, unless the interest is paid, the question of reinstating the petitioner would not 3 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2506 of 2025 arise. 6.The facts captured above clearly indicate that though enquiry has been completed and the petitioner has submitted his further explanation, the authorities have not passed any final order. Without passing any final order, the petitioner cannot be insisted to pay the interest amount as contemplated in the above said Code. In such circumstances, the order impugned in the writ petition is set aisde and the respondents are directed to pass final orders in the disciplinary proceedings initiated as against the writ petitioner, within a period of four weeks from the date of receipt of a copy of this order. In the meantime, the authorities are directed to pay the eligible subsistance allowance to the writ petitioner on production of Non-employment certificate. 7.With the above said directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 29.01.2025 Index : Yes/No Internet : Yes/No NCC: : Yes/No msa 4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2506 of 2025 R.VIJAYAKUMAR, J. msa W.P.(MD)No.2506 of 2025 and WMP(MD).Nos.1771, 1772 & 1773 of 2025 29.01.2025 5 https://www.mhc.tn.gov.in/judis