P.N.Jeyaprakash v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2025

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA and W.M.P. Nos. 14776 and 14778 of 2019

1. P.N.Jeyaprakash Petitioner Vs

1. The Chairman, 144, Anna Salai, Chennai 600 002.

2.Chief Engineer, Distribution, Villupuram Zone, Tamilnadu Generation and Electricity Distribution Corporation Ltd., Power House Road, Villupuram 605 602.

3.Superintending Engineer, CEDC/ Tamilnadu Generation and Electricity Distribution Corporation Ltd., Capper Hills, Cuddalore-4, Cuddalore District.

4.Executive Engineer (O and M) Nellikuppam Yoen/CEDC, Panruti Taluk, Cuddalore District.

Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the 3 rd respondent in No.0321-2/May Poe/Ka.Mi.Pava/Kada/Ni.Pi.1/2-3/Koa.Oa.No./ 2014-3 dated 01.02.2017 and the consequential recovery order passed by the 4 th respondent in memo No.442/Adm/A1/ F.Recovery of Excess Payment /2019 dated 16.04.2019 and quash the same, and direct the respondents to confer all the consequential benefits on the petitioner.

For Petitioner:

Mr. P.Ganesan For Respondents:

Mr. P.Subramanian, SC for TANGEDCO

ORDER

The petitioner has challenged this writ petition to call for the records pertaining to the order passed by the 3 rd respondent in No.0321-2/May Poe/Ka.Mi.Pava/Kada/Ni.Pi.1/2-3/Koa.Oa.No./ 2014-3 dated 01.02.2017 and

the consequential recovery order passed by the 4 th respondent in memo No.442/Adm/A1/ F.Recovery of Excess Payment /2019 dated 16.04.2019 and quash the same, and direct the respondents to confer all the consequential benefits on the petitioner.

2.

Heard Mr.P.Ganesan, learned counsel for the petitioner and Mr.P.Balasubramanian, learned counsel for the respondents and perused the materials placed on record, apart from the pleadings of the parties. 3.

The petitioner, who was working as Superintendent Engineer, was issued with the memo on 17.04.2014, which culminated into a punishment of stoppage of increment of one year with cumulative effect from 24.08.2016. The grievance for the petitioner is that he has been given with the another charge memo from the third respondent and on which he was given with the punishment of stoppage of increment of one year with cumulative effect from 16.06.2016. 4.

The learned Standing Counsel for the respondents submitted that during

the earlier charge memo issued to the petitioner, and when the enquiry has been conducted, the petitioner was in the habit of dragging the proceedings on some pretext or other. It is alleged that the petitioner has threatened the Board Officials and attempted to stall the disciplinary proceedings. 5.

The petitioner has filed an appeal and that was also pending from the year 2019 on the file of the second respondent. Despite the appeal has been filed as early as in the year 2019, the second respondent has not disposed the same sofar.

6.

The learned counsel for the petitioner submitted that all the grounds which he raised in the writ petition have also been raised before the second respondent. In such case, I feel that an appropriate direction should be given to the second respondent.

7.

In view of the above discussion, this writ petition is disposed and the second respondent is directed to dispose the appeal filed by the petitioner, after

giving due opportunity to the petitioner and pass appropriate orders with a period of six (6) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 01-04-2025 Index:Yes/No Speaking/Non-speaking order Maya To

1. The Chairman, 144, Anna Salai, Chennai 600 002.

2.Chief Engineer, Distribution, Villupuram Zone, Tamilnadu Generation and Electricity Distribution Corporation Ltd., Power House Road, Villupuram 605 602. 3.Superintending Engineer, CEDC/ Tamilnadu Generation and Electricity Distribution Corporation Ltd., Capper Hills, Cuddalore-4, Cuddalore District. 4.Executive Engineer (O and M) Nellikuppam Yoen/CEDC, Panruti Taluk, Cuddalore District.

R.N.MANJULA J.

Maya 01-04-2025