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Madras High CourtWP/10537/2025disposed of

V.Shanmugam v. The Chairman Cum Managing Director

2025-11-18Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V.Shanmugam ... Petitioner Vs.

1.THE CHAIRMAN CUM MANAGING DIRECTOR, TNEB LTD, NO.144, ANNA SALAI, CHENNAI-600 002 2.THE CHIEF ENGINEER, PERSONNEL, TANGEDCO LTD, NO.144, ANNA SALAI, CHENNAI-600 002 3.THE SUPERINTENDING ENGINEER, TANGEDCO LTD, GOBI ELECTRICITY DISTRIBUTION CIRCLE, GOBI-638 476 4.THE EXECUTIVE ENGINEER, TANGEDCO LTD, SATHYAMANGALAM DISTRIBUTION CIRCLE, SATHYAMANGALAM-638 401 5.THE JUNIOR ENGINEER, OPERATION AND MAINTENANCE, TANGEDCO LTD, SIKARASAMPALAYAM, GANAPATHI NAGAR, SIKARASAMPALAYAM ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to 1/6

revoke the memo of suspension passed by the 3rd respondent in Ku.Aa.No.10/Me.Pa.Po/Ni.Pi.2/Ni.Vu.4/Ko.Suspension/ 2024 dated 08.01.2024 which culminated in order of suspension passed by the 5th respondent in Ku.Aa.No.E.Mi.Po/E.Pe/Si.K.Pa/Ko.2/No.172/2023-24 dated 9.1.2024 in the light of the judgement rendered in Ajaykumar Chowdhary vs Union of india and others reported in 2015 (3)CTC 119 and based on the representation dated 22.10.2024 of the petitioner and consequentially direct the 1st respondent to reinstate the petitioner in service and post him in non sensitive post For Petitioner : Ms.S.Girija For Respondents : Mr.C.Ramkumar, Standing Counsel

O R D E R

This writ petition has been filed seeking direction to the first respondent to revoke the memo of suspension passed by the third respondent dated 08.01.2024, which culminated into order of suspension of the fifth respondent dated 09.01.2024.

2.

The petitioner while serving as Foreman Grade-I, was 2/6

suspended from service for the reason he was arrested by Inspector of Vigilance and Anti Corruption, Erode on the complaint dated 05.01.2024 alleging that the petitioner demanded Rs.7,000/- as bribe. The order has been challenged on the ground of prolonged suspension. The petitioner also relied upon the judgment of the Hon'ble Supreme Court of India rendered in Ajaykumar Chowdhary vs Union of India and others reported in 2015 (3) CTC 119, wherein it is held that currency of suspension order could not be extended beyond three months if within this period, the memorandum of charge is not served on delinquent employee. If memorandum of charge is served, a reasoned order must be passed for extension of suspension order. In the case on hand, the petitioner has not been served with any charge memo so far. Therefore, the petitioner submitted representation to revoke the order of suspension dated 22.10.2024.

3.

In view of the above, the first respondent is directed to consider and pass orders on the representation submitted by the petitioner seeking revocation of suspension order on the ground of prolonged delay in the light of the judgment of the Hon'ble Supreme Court of India rendered in Ajaykumar Chowdhary vs Union of India and others 3/6

reported in 2015 (3) CTC 119, within a period of four weeks from the date of receipt of this order.

4.

With the above direction, this writ petition stands disposed of. There shall be no order as to costs.

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To 1.THE CHAIRMAN CUM MANAGING DIRECTOR, TNEB LTD, NO.144, ANNA SALAI, CHENNAI-600 002 2.THE CHIEF ENGINEER, PERSONNEL, TANGEDCO LTD, NO.144, ANNA SALAI, CHENNAI-600 002 3.THE SUPERINTENDING ENGINEER, TANGEDCO LTD, GOBI ELECTRICITY DISTRIBUTION CIRCLE, GOBI-638 476 4.THE EXECUTIVE ENGINEER, TANGEDCO LTD, SATHYAMANGALAM DISTRIBUTION CIRCLE, SATHYAMANGALAM-638 401 5.THE JUNIOR ENGINEER, OPERATION AND MAINTENANCE, TANGEDCO LTD, SIKARASAMPALAYAM, GANAPATHI NAGAR, SIKARASAMPALAYAM 5/6

G.K.ILANTHIRAIYAN, J.

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