V.Padmanaban, v. The Chairman - Cum - Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2020
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.2137 of 2020 V.Padmanaban Petitioner vs.
1. The Chairman-cum-Managing Director, NPKRR Maaligai, No.144, Anna Salai,
2. The Chief Engineer, (Personnel) NPKRR Maaligai, No.144, Anna Salai,
3. The Addl. Chief Engineer, CEDC/South-1/TANGEDCO, 110 KV SS Complex, KK Nagar, Chennai - 600 078.
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records culminating in the order of Suspension dated 06.02.2019 bearing its Memo No.001269/AdmI./A.3/F.V&AC - SUS./2019 passed by the 3rd respondent and quash the same and direct the respondents to reinstate the petitioner in service with all benefits including continuity of service.
For Petitioner : Mr.M.Aravind Subramaniam For Respondents: Mr.P.R.Dhilip Kumar Standing Counsel
O R D E R
By consent of both sides, this writ petition is taken up for final disposal.
2.This writ petition has been filed challenging the order of suspension passed by the 3rd respondent by his proceedings dated 06.02.2019.
3.The case of the petitioner is that he was working in the Tamil Nadu Electricity Board as Supernumerary Helper. A criminal case came to be registered against the petitioner and another in Crime No.02 of 2019 for the offences under Prevention of Corruption Act, 1988. The petitioner was arrested and remanded to judicial custody on 04.02.2019. Pursuant to the same, a suspension order came to be issued against the petitioner.
4.The grievance of the petitioner is that he is under suspension for nearly an year and till now there is no progress in the criminal case and no charge memo has been issued against him and the suspension order also has not been reviewed by the 3rd respondent. Since, the petitioner was kept under prolonged suspension, he made a representation to the respondents on 21.12.2019 seeking for reviewing the order of suspension. Since, the same was not considered, the present writ petition has been filed challenging the suspension order and for consequential direction to reinstate the petitioner. 5.Heard Mr.M.Aravind Subramaniam, learned counsel appearing on behalf of the petitioner and Mr.P.R.Dilip Kumar, learned Standing Counsel appearing on behalf of the respondents.
6.Taking into consideration the facts and circumstances of the case and also of the fact that the petitioner has already made a representation to the respondent to revoke the order of suspension and the same is pending before the respondents, this Court deems it fit to direct the 3rd respondent to consider the representation made by the petitioner on 21.12.2019 and pass appropriate orders, within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 3rd respondent along with the copy of the representation dated 21.12.2019 and a copy of this order. 7.This writ petition is disposed of with the above directions. No Costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ssr To
1. The Chairman-cum-Managing Director, NPKRR Maaligai, No.144, Anna Salai,
2. The Chief Engineer, (Personnel) NPKRR Maaligai, No.144, Anna Salai,
3. The Addl. Chief Engineer, CEDC/South-1/TANGEDCO, 110 KV SS Complex, KK Nagar, Chennai - 600 078.
+1cc to Mr.M.Aravind Subramaniam , Advocate SR.No. 7081 +1cc to Mr.P.R.Dhilip KUmar , Advocate SR.No. 7017 W.P No.2137 of 2020 A.SK(28/02/2020)