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TMI Blog2020 (1) TMI 1296X X X X Extracts X X X X X X X X Extracts X X X X ..... ent is in the nature of an order passed behind the back of the petitioner, without affording an opportunity to the petitioner and the same requires interference of this Court on that ground alone. The second respondent is directed to issue a fresh show cause notice to the petitioner setting out all the details and the petitioner is directed to submit his explanation/objection and on receipt of the same, the second respondent is directed to proceed strictly in accordance with law by affording an opportunity to the petitioner - Petition allowed. - W.P. No. 957 of 2020 and W.M.P. No. 1166 of 2020 - - - Dated:- 20-1-2020 - N. Anand Venkatesh, J. Shri V. Ajay Khose, for the Petitioner. Shri Sathish Kumar, for the Respondent. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the conclusion of the disciplinary proceedings. The Learned Counsel submitted that the entire dispute pertains to the fact as to whether, the petitioner had charged more than a maximum retail price. Unless the charge is proved, the petitioner cannot be directed to pay the penalty and GST. That apart, the impugned order does not reflect any application of mind. 6. Per contra, Mr. P. Arumuga Rajan, Learned Standing Counsel appearing on behalf of the respondents submitted that the petitioner was indulging in selling the liquor bottle by adding an extra cost to the maximum retail price, and thereby the petitioner was misappropriating and enriching himself at the cost of TASMAC. The Learned Standing counsel submitted that the respondents was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pinion that the writ petition is fit for remand and accordingly, the impugned order passed by the second respondent in memo dated 22-10-2018 is quashed. The respondents are directed to issue show cause notice, setting out all the details to the writ petitioner, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the show cause notice from the respondents, the writ petitioner is directed to submit their explanations/objections, along with the documents, if any, within a period of two weeks from the date of receipt of the show cause notice and thereafter, the authorities competent shall consider the materials available on record as well as the explanations/objections submitted by the writ petitioner, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f four weeks from the date of receipt of copy of this order. On receipt of the show cause notice from the respondent, the petitioner is directed to submit his explanation/objection and also the documents relied upon by him, within a period of three weeks from the date of receipt of the show cause notice. Thereafter, the Competent Authority shall consider the entire materials and take a decision and pass orders on merits and in accordance with law, within a period of eight weeks thereafter. In the meantime, the petitioner shall be permitted to work as salesman in the TASMAC Shop. 6. Per contra, Mr. Sathish Kumar, Learned Counsel appearing for the respondents submitted that the impugned proceedings of the second respondent dated 26-12-201 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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