Removal from service ––The petitioner challenged order suspending the petitioner from service on the ground that the petitioner has not paid the penalty and GST pursuant to the show cause notice. It is alleged 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 MRP. A show cause notice was issued on 04.10.2019. After the receipt of the explanation, the impugned order came to be passed suspending the petitioner from his services. The counsel for the petitioner submitted that the entire exercise carried out was pre-determined. The court relied on a similar issue in C. Sankar .Vs. The Tamil Nadu State Marketing Corporation Ltd., and Others. The court observed that 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 and suspended from service. The petitioner is first punished and thereafter he is asked to attend for an enquiry. This clearly goes against the principles of natural justice.

Held that:- The Hon’ble High Court quashed the memorandum dated 04.10.2019. The respondent is directed to issue a fresh show cause notice to the petitioner setting out all the details, within a period of four weeks.