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2019 (12) TMI 1491 - MADRAS HIGH COURTViolation of principles of natural justice - opportunity of hearing not provided - Non-payment of penalty and GST - satisfactory explanation for non-payment also not given - HELD THAT:- This Court had an occasion to deal with a similar issue in C. SANKAR VERSUS THE TAMIL NADU STATE MARKETING CORPORATION LTD, REP. BY ITS MANAGING DIRECTOR, THE SENIOR REGIONAL MANAGER, TASMAC, THE DISTRICT MANAGER, TASMAC, THIRU. M.R. RAJESHKANNA, SHOP SUPERVISOR, TASMAC [2019 (2) TMI 1929 - MADRAS HIGH COURT], which 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 clearly constitutes predetermination of the entire issue. The 3rd respondent cannot compel the petitioner to first pay the penalty and GST, and thereafter participate in the enquiry, and on nonpayment cannot suspend the petitioner. This procedure adopted by the 3rd respondent is like putting the cart before the horse. The petitioner is first punished and thereafter he is asked to attend for an enquiry. This clearly goes against the principles of natural justice. The 3rd respondent is directed to issue a fresh show cause notice to the petitioner setting out all the details, within a period of 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 - petition allowed by way of remand.
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