2019 (12) TMI 1491

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....on the ground that the petitioner has not paid the penalty and GST pursuant to the show cause notice and that the explanation given by the petitioner is not satisfactory. 2. On the consent given by the learned counsel appearing on either side, the writ petition itself has been taken up for final hearing. 3. It is seen from records that the petitioner was appointed as a salesman in the TASMAC shop in the year 2004. It is stated that there was a surprise inspection that was conducted on 27.06.2019, and it was found that the petitioner was selling each liquor bottle by adding an extra amount more than the maximum retail price. Immediately, a show cause notice came to be given to the petitioner on 04.10.2019, calling upon the petitioner to su....

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....ed that the petitioner is liable to repay back the amount with GST and there are absolutely no grounds to interfere with the impugned order. 7. This Court has carefully considered the submissions made on either side and the materials available on record. 8. This Court had an occasion to deal with a similar issue in C. Sankar .Vs. The Tamil Nadu State Marketing Corporation Ltd., and Others in W.P.No. 37 of 2019 dated 27.02.2019, and the relevant portions of the order is extracted hereunder: 7. This Court is of an opinion that any order affecting the rights of an employee must be issued at least by providing an opportunity to the delinquent official to defend his case in the manner known to law. As far as the other Statutes are concerned, ....

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....dance 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. 9. The order passed by this Court in the above writ petition, will squarely apply to the facts of the present case. The petitioner has been punished without even giving an opportunity. Without deciding the charge that has been made against the petitioner, the petitioner has been directed to pay the amount and on non payment, the petitioner has also been suspended from service. This clear....