Madras High CourtWP/16397/2018disposed of

M.Senthilkumar v. The Chairman Tamilnadu

2019-01-04Honourable Dr. Justice S. Vimala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2019

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.16397 of 2018 W.M.P.Nos.19551 and 19552 of 2018 M.Senthilkumar

...Petitioner

Vs 1 The Chairman Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO) NPKRR Maaligai 144 Anna Salai Chennai 600 002 2 The Superintending Engineer CEDC/South II TamilNadu Generation and Distribution Corp.Ltd(TANGEDCO) KK Nagar Chennai 600 078 3 The Chief Engineer-Personnel TamilNadu Generation and Distribution Corporation LTd (TANGEDCO) NPKRR Maaligai 144 Anna salai Chennai 600 002 ....Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd Respondent in Memo No.717 / Adm.1 / A 4 / FDVACSUS / 2012 dated 06.07.2012 and quash the same and consequently permit the petitioner to rejoin duty / service as commercial Inspector with all attendant / consequential benefits.

For Petitioners :

M/s.B.Mahendra Naidu For Respondents :

Mr.P.R.Dhilip Kumar Standing Counsel for R1 to R3

O R D E R

The petitioner was working as Commercial Inspector at Superintending Engineer, South, Chennai. A criminal case in Crime No.3/2012/AC/CC-IV was registered against the petitioner under Section 7 of the Prevention of Corruption Act and he was remanded to judicial custody. Based on the said criminal

charges, the petitioner was placed under suspension by an order dated 06.07.2012 . The petitioner submitted a representation dated 06.04.2018 to the respondents to revoke the order of suspension, which was not considered by the respondents. Hence, aggrieved by the same, the petitioner has filed the present writ petition seeking appropriate relief.

2. Learned counsel for the petitioner relies on the judgment of the Supreme Court in Ajay Kumar Choudhary Vs. Union of India (2015) 7 S.C.C.291, wherein it was held as follows, " We, therefore, direct that the currency of a suspension order should not extend beyond three months, if within this period, the Memorandum of Charges / Charge sheet is not served on the delinquent officer / employee; if the Memorandum of Charges / Charge sheet is served, a reasoned order must be be passed for the extension of suspension. We think this will adequately safeguard the universally recognized principle of human dignity and the right to a speedy trial and shall also preserve the interest of the Government in the prosecution."

3. Considering prolonged suspension, following the principles laid down in the aforesaid judgment of the Supreme Court in Ajay Kumar Choudhary Vs. Union of India (2015) 7 S.C.C.291, the order of suspension dated 06.07.2012 is directed to be revoked and the respondents are directed to reinstate the petitioner in service and post him in any non sensitive post, within a period of eight weeks from the date of receipt of a copy of this order. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kst To 1 The Chairman Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO) NPKRR Maaligai 144 Anna Salai Chennai 600 002

2 The Superintending Engineer CEDC/South II TamilNadu Generation and Distribution Corp.Ltd(TANGEDCO) KK Nagar Chennai 600 078.

3 The Chief Engineer-Personnel TamilNadu Generation and Distribution Corporation LTd (TANGEDCO) NPKRR Maaligai 144 Anna salai Chennai 600 002.

+1cc to Mr.B.Mahendra Naidu, Advocate, S.R.No.1167 W.P.No.16397 of 2018 JP(CO) rrs 04/01/2019