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Madras High CourtWP/22254/2018disposed of

N.Anandan, v. The Chairman

2019-02-27Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM W.P.No.22254 of 2018 and W.M.P.No.26077 of 2018 N.Anandan, Administrative Supervisor, O/o.Superintending Engineer, Vellore Electricity Distribution Circle, TANGEDCO, Gandhi Nagar, Vellore.

...Petitioner

Vs.

1.The Chairman, Tamil Nadu Generation and Distribution Corporation, 2.The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution Corporation Ltd., 3.The Chief Engineer/Distribution, Vellore Electricity Distribution Circle, TANGEDCO, Gandhi Nagar, Vellore.

4.The Superintending Engineer, Vellore Electricity Distribution Circle, TANGEDCO, Gandhi Nagar, Vellore.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the entire records connected with the impugned charge memo passed by the 3rd respondent in Memo.No.13284/419/Nir.A/U.3/20188, dated 28.06.2018, signed on 04.07.2018 and quash the same. For Petitioner :Mr.S.N.Ravichandran For Respondents :Mr.M.Fakkir Mohideen Standing counsel

O R D E R

The charge memo issued by the 3rd respondent in Memo.No.13284/419/Nir.A/U.3/2018-8, dated 28.06.2018, signed on 04.07.2018 is under challenge in this present Writ Petition. 2.The learned counsel for the petitioner fairly made a submission that during the pendency of the Writ Petition, the enquiry proceedings are concluded and the final report of the Enquiry Officer also had been submitted on 07.11.2018. The disciplinary authority has to be issued the second show cause notice, enclosing the copy of the enquiry report to the writ petitioner, enabling the petitioner to submit his explanation/objection.

3.The learned counsel for the respondent states that notice had also be given.

4.However, the said proceedure is to be followed scrupulously by the respondents and after affording an opportunity to the Writ Petition a final decision shall be taken and an order is to be passed, considering the materials available on record. This being the factum of the case, the respondents are directed to pass final orders in the departmental disciplinary proceedings within a period of eight weeks from the date of receipt of a copy of this order. With this direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar sai/av To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation,

2.The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution Corporation Ltd., 3.The Chief Engineer/Distribution, Vellore Electricity Distribution Circle, TANGEDCO, Gandhi Nagar, Vellore.

4.The Superintending Engineer, Vellore Electricity Distribution Circle, TANGEDCO, Gandhi Nagar, Vellore.

+1 cc to Mr.S.N.Ravichandran, Advocate, S.R.No.18706 +1 cc to Mr.M.Fakkir Mohideen, Advocate, S.R.No.18607 W.P.No.22254 of 2018 MG(CO) SSM(22/03/2019).