Madurai: Setting aside the punishment order of a Tasmac shop supervisor, Madras high court has directed the disciplinary authority to initiate proceedings after hearing the petitioner by issuing a fresh showcause notice.
CITYCourt sets aside punishment of Tasmac supervisor
TNN | Jun 22, 2020, 04:58 IST
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Madurai: Setting aside the punishment order of a Tasmac shop supervisor, Madras high court has directed the disciplinary authority to initiate proceedings after hearing the petitioner by issuing a fresh showcause notice.
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P Sampathkumar was working as supervisor of a Tasmac shop in Karur district when the state government ordered closure of all the Tasmac shops following the lockdown due to Covid-19. Since theft of liquor bottles was reported at several shops across the state, he shifted them from the shop to a safe place as instructed by the district manager.
However, following a deficit in stock, the authorities asked the petitioner to pay an amount of Rs 6,41,630 along with interest and GST for the shortage, which he paid on April 16. However, in an order dated May 21, the authorities ordered the petitioner to pay 50% penalty along with 24% interest, calculated as Rs 3,78,562, apart from the remitted amount within three days. The order was to be treated as charge-memo and he was directed to explain the lapse within three days, failing which disciplinary proceedings were to be initiated. Hence the petitioner moved high court Madurai bench seeking to quash the order dated May 21.
Justice V Bhavani Subbaroyan observed that a fine amount of Rs 3,78,562 has been imposed as per rules of the Code of Prevention and Detection of Fraudulent Acts in Tasmac. The rules mandate that before imposing any punishment upon the charges proved at the enquiry, the delinquent shall be given an opportunity to make his representation against the punishment. Saying that the opportunity of personal hearing has not been given by the authorities to him, the judge set aside the punishment order.
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