(1.) THE writ appeal is at the instance of the district Manager, TASMAC, Coimbatore region, Erode. The respondent was appointed as a bar attender in the TASMAC retail outlet in Shop No. 3596 on January 31,2004. Initially he was given only a consolidated pay of Rs. 2,000/- per month. On the ground that some bottles of liquor were adulterated while he was bar attender, he was suspended from service on february 7, 2005. He was also issued with a show cause notice on the same day containing the following charges:
(2.) THE said order was questioned in the writ petition on the ground that in the absence of enquiry, the dismissal order cannot be sustained. The writ petition came to be allowed by the learned Judge following the judgment of this Court Lakshmanakumar V. L. v. District manager, TASMAC Limited 2006-II-LLJ-685 (Mad) rendered by one of us (D. Murugesan, j. ). The learned Judge has also relied upon a judgment of the Supreme Court State of haryana v. Satyendra Singh Rathore (2005) 1 SCC 518 : 2005-III-LLJ-1025 and Dipti prakash Banerjee v. Satyendra Nath Bose national Centre for Basic Sciences AIR 1999 SC 983 : (1999) 3 SCC 60 : 1999-I-LLJ-1054.
(3.) HEARD Ms. Hema Nandhini, learned counsel for the appellant and Mr. Athiveera Ramapandian, learned counsel for the respondent.