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TMI Blog2019 (2) TMI 1929X X X X Extracts X X X X X X X X Extracts X X X X ..... IMFL Vending Shops of the first respondent-Corporation. The first respondent-Corporation framed the Regulations with the heading and title ?"The Code of Prevention and Detection of Fraudulent Acts in Tamil Nadu State Marketing Corporation Limited -? 2014 (The Code)"?. However, the said Code was never notified or circulated to the employees enabling them to understand the procedures to be adopted in this regard. 3. The Circular issued by the first respondent states that actions will be initiated in case of identifying a MRP violation. Even the said circular was also not notified and circulated to the employees. 4. The grievances of the writ petitioner is that he has not received any show- cause notice or an opportunity was provided, enabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceedings against the petitioner and other delinquents by issuing the impugned show cause notice dated 23.1.2018 calling for an explanation within 3 days upon receipt of the said notice, failing which departmental proceedings will be initiated and only advised to pay the fine amount for the violation, pending the above proceedings instead of placing the petitioner under suspension, as instructed under the Code the Senior Regional Manager, TASMAC, Salem had transferred the petitioner to another shop of lesser sale in the same Taluk under the impugned order of transfer dated 2.2.2018. Therefore, the petitioner-s contention that he was imposed with punishments without holding an enquiry is misconceived and premature.?" 7. This Court is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, take a decision and pass orders on merits and in accordance with law, within a period of eight weeks thereafter. It is made clear that in the event of imposing minor penalty, such a procedure can be adopted and if the authorities are of the opinion that the allegations warranting major penalty, then the procedure of enquiry and other procedures are to be followed in accordance with the Model Standing Orders. 12. With the above directions, the writ petition stand partly allowed. However, there shall be no order as to costs. Consequently, connected miscellaneous petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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