P.Sundareswari, v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.33656 of 2015 And M.P.No.1 of 2015 P.Sundareswari ... Petitioner Vs.

1 The Chairman, TANGEDCO Tamil Nadu Generation and Electricity Distribution Company 144, Anna Salai, Chennai.

2 The Superintending Engineer, (P&A) Mettur Thermal Power Station - I, Tamil Nadu Generation and Electricity Distribution Company TANGEDCO, Mettur Dam, Mettur-6.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records in proceedings in Ku.A. No.039272/692/Adm.1/U.4/Koo.Audit/2015 dated 17.08.2015 on the file of the 2nd respondent for refixation of the petitioner pay and recovery of excess pay and quash the same.

For Petitioner : Mr.B.Manoharan For Respondents : Mr.P.R.Dhilip Kumar

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The petitioner is now working as Junior Assistant (Admin), Mettur Thermal Power Station - I and she has been issued with impugned notice dated 17.08.2015 by the second respondent ordering re-fixation and recovery based on CAP/MTPS.I, Audit Slip.No.05 dated 20.07.2015 and she has not been put on notice whatsoever and no opportunity has been given to her to put forth her explanation and hence, came forward to file this writ petition.

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3.Heard the submissions of Mr.B.Manoharan, learned counsel appearing for the petitioner and Mr.P.R.Dhilip Kumar, learned Standing Counsel who accepts notice on behalf of the respondents. 4.A perusal of the impugned order would disclose that a reference is made to the audit statement dated 20.07.2015 and admittedly, no show cause notice has been issued to the petitioner calling upon her to offer her explanation as to refixation and recovery. Hence, on the sole ground the impugned order warrants interference.

5.The writ petition is partly allowed and the impugned order dated 17.08.2015 is set aside and the impugned order dated 17.08.2015 is to be treated as show cause notice. The petitioner is directed to submit her explanation within a period of two weeks from the date of receipt of a copy of this order and the second respondent on receipt of the said explanation, is directed to consider the same on merits and in accordance with law and pass orders within a period of four weeks thereafter and communicate the decision taken, to the petitioner. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar pri To 1 The Chairman, TANGEDCO Tamil Nadu Generation and Electricity Distribution Company 144, Anna Salai, Chennai.

2 The Superintending Engineer, (P&A) Mettur Thermal Power Station - I, Tamil Nadu Generation and Electricity Distribution Company TANGEDCO, Mettur Dam, Mettur-6.

+1 cc to Mr.B.Manoharan, Advocate, sr.57350 +1 cc to Mr.P.R.Dhilipkumar, Advocate, sr.57355 W.P.No.33656 of 2015 And M.P.No.1 of 2015 gj co, kra 04/11/2015 https://hcservices.ecourts.gov.in/hcservices/