V.Sivakumar v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.16305 and 16306 of 2021 V.Sivakumar ... Petitioner -Vs1. The Chairman, Tamil Nadu Electricity Board Ltd, No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution Corporation Ltd, TANGEDCO, No.144, Anna Salai, Chennai - 600 002.

3. The Public Information Appellate Authority / Chief Engineer Personnel, No.144, Anna Salai, Chennai - 600 002.

4. The Public Inforamtion Officer / Senior Personnel Officer (Inspector), No.144, Anna Salai, Chennai - 600 002.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the order passed by the Public Information Appellate Authority / Chief Engineer(Personnel), the 3rd Respondent herein vide his proceedings in 1. Letter No.096324 / 952 / G571 / 2019 - 1 dated 14.02.2020 and 2. Letter No. 096324 / 952 / G571 / 2019 - 10 dated 14.02.2020 and quash

the same as illegal, arbitrary, unreasonable being violative of rules and principles of natural justice and thereby direct the respondents to ascertain the true number of backlog vacancies for Scheduled Castes and Scheduled Tribes in the year 2009 and 2013 and further to fill up those backlog vacancies without clubbing those vacancies along with the regular number of vacancies. For Petitioner : Mr.V.Sivakumar, Party-in-Person For Respondents : Mr.K.Rajkumar Standing Counsel

ORDER

This writ petition has been filed challenging the order passed by the second respondent, thereby provided information in the first appeal as against the application submitted under Right to Information Act.

2. Heard both sides and perused the materials available on record.

3. When there is provision under Section 19(3) of the Right to Information Act for second appeal as against the order passed by the second respondent, the petitioner is at liberty to file an appeal under Section 19(3) of the Right to Information Act, as against the order passed by the second respondent.

4. Therefore, the petitioner is at liberty to file an appeal under Section 19(3) of the Right to Information Act, within a period of two weeks from the

date of receipt of a copy of this order.

5. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petitions are closed. No costs. 06.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J, mn

To

1. The Chairman, Tamil Nadu Electricity Board Ltd, No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution Corporation Ltd, TANGEDCO, No.144, Anna Salai, Chennai - 600 002.

3. The Public Information Appellate Authority / Chief Engineer Personnel, No.144, Anna Salai, Chennai - 600 002.

4. The Public Inforamtion Officer / Senior Personnel Officer (Inspector), No.144, Anna Salai, Chennai - 600 002.

06.09.2024