R.Ramkumar v. The Assistant Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2025
CORAM
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN AND WMP NO.6523 OF 2025 R.Ramkumar S/o.Mr. Ramasamy, aged 51 years 1790, Thirumalai Nagar, Kottampalayam Road, Vengikal, Thiruvannamalai District - 606 604.
...
Petitioner VS.
1.The Assistant Executive Engineer (Operation and Maintenance) North Tamilnadu Generation and Distribution Corporation, Thiruvannamalai - 606 604.
2.The Junior Engineer (Operation & Maintenance) Tamilnadu Generation and Distribution Corporation, Mallavadi - 606 805.
Thiruvannamalai District.
...
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus, to call for the 1/6
records relating to the impugned order of the first respondent in Ku.Aa. No.U.Se. Po/E&Pa/Vadakku/Thi.Malai/MinVibathu/A.No.01/2025 dated 13.01.2025 and quash the same and direct the respondents to restore the petitioner to duty with all consequential benefits. For Petitioner :
Mr.P.Rajendran For Respondents :
Mr.C.Manoharan
O R D E R
This Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records relating to the impugned order of the first respondent, Assistant Executive Engineer (Operation and Maintenance) North, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), Thiruvannamalai, in Ku.Aa.No.U.Se.Po/E& Pa/Vadakku/Thi.Malai/MinVibathu/A.No.01/2025 dated 13.01.2025 and quash the same and for a consequential direction to the respondents to restore the petitioner to duty with all consequential benefits. 2.In the affidavit filed in support of the Writ Petition, it had been stated that the petitioner was working as a Foreman in the Office of the Junior Engineer (Operation and Maintenance), Tamil Nadu 2/6
Generation and Distribution Corporation, Mallavadi Section, Thiruvannamalai West Division. A Memo was issued on 31.12.2024 by the second respondent stating that the petitioner had sent Line Inspector K. Durai and Gangman A. Vijayaveeran to repair a Low Tension Electric Line in Kolathur, which had been damaged by rain and wind. These two individuals disconnected the electricity from both sides of the broken wire lying on the ground and tied both ends to electric posts. Since the wire was connected to the electric posts, it naturally conducted electricity, leading to the electrocution and death of an innocent individual A. Vinayakamoorthy on 27.12.2024.
3.Furthermore, there was an unexplained delay from 12.12.2024 to 27.12.2024 in rectifying the fault. The petitioner was held responsible for not repairing the line for nearly 15 days. Despite submitting an explanation, he was placed under suspension. A Superior Officer has an authority to suspend an employee and may also revoke the suspension while contemplating a disciplinary proceeding. In this connection, owing to the direct negligence of the petitioner in failing to repair the line for 15 days and more particularly, in tying the two ends of 3/6
the electric wire to electric posts and allowing it to conduct electricity and remain dangerously close to ground level, naturally the respondents have sufficient grounds to conduct an enquiry and place the petitioner under suspension.
4.It is contended that the petitioner was promoted as Special Grade Foreman on 19.12.2024, which is part of his service record but is not the subject matter of the Writ Petition. Considering the seriousness of the charge, I am not inclined to interfere with the order of suspension. However, the respondents are directed to complete the enquiry within a reasonable time.
5.Accordingly, the Writ Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 20.02.2025 Index : Yes / No : Yes / No Speaking Order : Yes / No TK 4/6
To 1.The Assistant Executive Engineer (Operation and Maintenance) North Tamilnadu Generation and Distribution Corporation, Thiruvannamalai - 606 604.
2.The Junior Engineer (Operation & Maintenance) Tamilnadu Generation and Distribution Corporation, Mallavadi - 606 805.
Thiruvannamalai District.
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C.V.KARTHIKEYAN, J.
TK 20.02.2025 6/6