N.Boopalan v. The Chairman - Cum - Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2020
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4543 of 2020 N. Boopalan ... Petitioner Vs.
1. The Chairman-cum-Managing Director, TANGEDCO, NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer, (Personnel) TANGEDCO, NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.
3. The Additional Chief Engineer, CEDC/South-1/TANGEDCO, 110 KV SS Complex, K.K.Nagar, Chennai - 600 078.
4. The Superintending Engineer, CEDC/South-1/TANGEDCO, 110 KV SS Complex, K.K.Nagar, Chennai - 600 078.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of mandamus, to consider the petitioner's representation dated 03.01.2020 and direct the respondents to review the order of Suspension dated 06.02.2019 bearing its Memo No.
001269/AdmI./A3/F.V&AC - SUS./2019 passed by the 3rd respondent and reinstate the petitioner in service with all benefits including continuity of service.
For Petitioner : Mr. M. Aravind Subramanyam For Respondents : Mr. Karthik Rajan, Senior Standing Counsel
O R D E R
This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representations made by the petitioner who is seeking for reviewing the order of suspension and to revoke the same. 2.
The case of the petitioner is that he was working as an Assistant Engineer in the Electricity Department. An FIR came to be registered by the Vigilance and Anti Corruption Cell Department and a criminal case was instituted and the petitioner was arrested and remanded to judicial custody. Consequently, a suspension order came to be passed by the second respondent on 06.02.2019.
3.
The above suspension order came to be challenged by the petitioner before this Court by filing W.P.No.28854/2019. This Court by an order dated 01.10.2019 dismissed the writ petition and gave liberty to the petitioner to seek for the review of order of suspension by making a representation. The petitioner made representations to the respondents on 07.12.2019 and 03.01.2020, seeking for a review of the suspension order. Since the same was not considered, the present writ petition has been filed before this Court.
4.
Heard the learned counsel for the petitioner and the learned counsel for the respondents.
5.
Taking into consideration of the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the third respondent to consider the representations made by the petitioner on 07.12.2019 and 03.01.2020 and deal with the same strictly in accordance with law 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 third respondent along with a copy of the representations made on 07.12.2019 and 03.01.2020 and a copy of this order.
6.
This writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar AT
To
1. The Chairman-cum-Managing Director, TANGEDCO, NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer, (Personnel) TANGEDCO, NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.
3. The Additional Chief Engineer, CEDC/South-1/TANGEDCO, 110 KV SS Complex, K.K.Nagar, Chennai - 600 078.
4. The Superintending Engineer, CEDC/South-1/TANGEDCO, 110 KV SS Complex, K.K.Nagar, Chennai - 600 078.
+1cc to Mr.M.Aravind Subramaniam, Advocate, S.R.No.16632 W.P.No.4543 of 2020 BP(CO) KKV/09/07/2020