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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 ..... to be issued to the petitioner directing the petitioner to pay the fine and 18% GST within a period of 7 days, failing which, the petitioner will be relieved from his services. This order has become a subject matter of challenge in the present writ petition. 4. Mr. Ajay Khose, Learned Counsel appearing on behalf of the petitioner submitted that the second respondent has straight away passed an order calling upon the petitioner to pay the penalty along with GST, even without giving an opportunity to the petitioner and therefore, the impugned proceedings of the second respondent is liable to be quashed. The Learned Counsel in order to substantiate his submission relied upon the earlier order passed by this Court in W.P. 34379 of 2019, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue in C. Sankar v. The Tamil Nadu State Marketing Corporation Ltd., and Others in W.P. No. 37 of 2019, dated 27-2-2019, 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, the respondents are bound to follow the procedures contemplated under the Act. 8. However, for imposing penalty and for imposing minor punishments, the procedure of issuing show-cause notice and receiving explanations/objections are to be followed by the authorities before taking a decision and pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dures 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 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 non-payment cannot suspend the petitioner. This procedure adopted by the 3rd respondent is like p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. 8. The impugned proceedings of the second respondent even though carries the nomenclature of a show cause notice, in effect, it is directing the petitioner to pay the penalty along with GST within a period of 7 days, failing which, the petitioner will be removed from service. Before passing such an order, the petitioner was not put on notice and his explanation was not sought for. Therefore, the proceedings of the second respondent 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. 9. The order cited by the Learned Counsel for the petitioner, which has been extracted supra squarely cove ..... X X X X Extracts X X X X X X X X Extracts X X X X
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