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Madras High CourtWP/26991/2015disposed of

R.Manivel, S/O. Rangasamy, v. The Chairman,

2015-08-28Honourable Mr Justice M.M.Sundresh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M. SUNDRESH W.P.No.26991 of 2015 and M.P.No.1 of 2015 R.Manivel ...

Petitioner - Vs -

1. The Chairman Thamizh Naadu Electricity Board, Nadippisai Pulavar K.R.Ramasamy Building No.144, Anna Salai, Chennai-600 002.

2. The Chief Engineer, Personnel Thamizh Naadu Electricity Board, Nadippisai Pulavar K.R.Ramasamy Building No.144, Anna Salai, Chennai-600 002.

3.The Chief Engineer, Distribution Coimbatore Region Thamizh Naadu Electricity Generation and Distribution Corporation Ltd., Coimbatore-641 012.

4. The Superintending Engineer Coimbatore Electricity Distribution Circle/Metro Thamizh Naadu Electricity Generation and Distribution Corporation Ltd., Coimbatore-641 012.

5. The Inspector of Police Vigilance and Anti Corruption Wing Goundampalayam Coimbatore-641 030.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus to call for the records pertaining to the passing of the order of the Suspension dated 05.06.2015 passed in Ku.Aa.No.10169/321/NiBi 2(4)/2015 by the Chief Engineer, Distribution Coimbatore Region,Thamizh Naadu Electricity Generation and Distribution Corporation Ltd., Coimbatore,the 3rd Respondent herein and quash the said order and direct the Respondents 1 to 4 to re-instate the petitioner in duty. For Petitioner : Mr.Chelliah Senior Counsel for Mr.K.Ramanujam For Respondents : Ms.R.Varalakshmi (R1 to R3) Mr.R.Vijayakumar (R4) Government Advocate

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The petitioner was working as a Assistant Executive Engineer, Avarampalayam, Coimbatore Distribution Circle/Metro in Coimbatore. By trapping him, a case was registered against him and pursuant to

the same he was also arrested resulting which the petitioner was kept under suspension by the order of the third respondent dated 5.06.2015. Thereafter, the petitioner gave a representation on 12.08.2015, seeking to review the said order. As it was not done, the present Writ Petition has been filed.

3. The learned Senior Counsel appearing for the petitioner has submitted that there are several lacunae and infirmity in the FIR registered. He has also submitted that in there is no necessity in prolonging the suspension as the final report is yet to be filed.

4. As the respondent who passed the order has the authority to pass the order impugned, this Court without going into the merits of the case, directs the third respondent to consider and dispose of the representation of the petitioner dated 12.08.2015, within a period of 4 weeks from the date of receipt of a copy of this order. The petitioner is at liberty to make another representation enclosing the relevant documents.

This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. 28.08.2015 arr To

1. The Chairman Thamizh Naadu Electricity Board, Nadippisai Pulavar K.R.Ramasamy Building No.144, Anna Salai, Chennai-600 002.

2. The Chief Engineer, Personnel Thamizh Naadu Electricity Board, Nadippisai Pulavar K.R.Ramasamy Building No.144, Anna Salai, Chennai-600 002.

3.The Chief Engineer, Distribution Coimbatore Region Thamizh Naadu Electricity Generation and Distribution Corporation Ltd., Coimbatore-641 012.

4. The Superintending Engineer Coimbatore Electricity Distribution Circle/Metro Thamizh Naadu Electricity Generation and Distribution Corporation Ltd., Coimbatore-641 012.

5. The Inspector of Police Vigilance and Anti Corruption Wing Goundampalayam Coimbatore-641 030.

M.M.SUNDRESH, J arr W.P.No.26991 of 2015 28.08.2015