V.Karunanidhi v. The Chief Engineer (Personnel)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.11.2017
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.5907 of 2014 and M.P.Nos.1, 2 & 3 of 2014 V.Karunanidhi ... Petitioner Vs 1.The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution Corporation Ltd., VIII Floor, N.P.K.R.R. Maaligai, 144, Anna Salai, Chennai - 600 002.
2.Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Kallakurichi.
3.Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Kallakurichi.
4.V.R.Ganapathi, Assistant Executive Engineer, Rural/Tamil Nadu Generation and Distribution Corporation Ltd., Kallakurichi.
... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the concerned records relating to the orders of the third respondent in Re.Ku.A.No.U.Che.Po.K/Kallai/E.N.U/Ko.Kamukkam/ A.No.115/2013dated 02.09.2013 and Ref.Ku.A.No.U.Che.Po.K/ Kallai/E.N/Ko.Kamukkam/A.No.115-1/2013-14 dated 29.10.2013 and quash the same.
For Petitioner : Mr.V.Stalin For Respondents : Mr.M.Fakkir Mohideen
O R D E R
The charge memo issued to the writ petitioner in proceedings dated 02.09.2013 and the amendment issued thereon in proceedings dated 29.10.2013 are under challenge in this Writ Petition.
2.The learned counsel appearing for the writ petitioner made a submission that though, the writ petitioner was initially filed the writ petition to quash the charge memo. Now, he is restricting the prayer to the extent of issuing a direction to the respondents to complete the enquiry and pass final orders in the Disciplinary Proceedings. 3.In view of the submission made by the learned counsel appearing for the writ petitioner, this Court is of the view that any disciplinary proceedings initiated against the employees are to be concluded in all respects, within a reasonable period. In the case on hand, the charge memo was issued in proceedings dated 02.09.2013 and the amendment to the charge memo was also issued on 29.10.2013, now the Disciplinary Proceedings are pending for the past about three years.
No doubt that the writ petitioner filed the present writ petition on 19.02.2014 and the delay in concluding the enquiry was at the instance of the writ petitioner. However, the learned counsel appearing for the writ petitioner now restricted the prayer to the extent of issuing a direction to conclude the enquiry.
4.Under these circumstances, the respondents are directed to proceed with the enquiry proceedings and conclude the same in all respects and take a decision and pass final orders in the Disciplinary Proceedings, as early as possible, without causing any further delay, in this regard.
5.Accordingly, the Writ Petition stands disposed of. However, there is no order as to costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ah
To 1.The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution Corporation Ltd., VIII Floor, N.P.K.R.R. Maaligai, 144, Anna Salai, Chennai - 600 002.
2.Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Kallakurichi.
3.Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Kallakurichi.
4.V.R.Ganapathi, Assistant Executive Engineer, Rural/Tamil Nadu Generation and Distribution Corporation Ltd., Kallakurichi.
+ 1 cc to MR. M. Fakkir Mohideen, Advocate SR.77873 + 1 cc to M/s. Row Reddy, Advocate SR.78215 W.P.No.5907 of 2014 CS-VIII EU(11/12/2017)