S.Mohan v. The Chief Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.06.2018 Coram The Hon'ble Mr.Justice Satrughana Pujahari Writ Petition No.15870 of 2018 S.Mohan

...Petitioner

Vs.

1. The Chief Engineer, TANGEDCO, Electricity Distribution, Coimbatore.

2. The Superintending Engineer, TANGEDCO, Office of the Superintending Engineer, Udumalpet Electricity Distribution Circle, Udumalpet.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the first respondent to consider and dispose of the appeal dated 04.10.2017 filed by the petitioner before the first respondent against the order of punishment imposed by the second respondent within stipulated time.

For Petitioner : Mr.K. Sudalai Kannu For Respondents : Mr. P.R.Dhilipkumar Standing Counsel

O R D E R

Heard Mr.K. Sudalai Kannu, the learned counsel appearing for the petitioner and Mr. P.R.Dhilipkumar, the learned Standing Counsel, accepting notice on behalf of the respondents. With consent on either side, the Writ Petition is taken up for final disposal at the stage of admission.

2.

The grievance of the petitioner in this case is that, though he has filed a statutory appeal against the order of punishment imposed on him in relation to a disciplinary proceeding/domestic enquiry on 04.10.2017, the first respondent https://hcservices.ecourts.gov.in/hcservices/

has not disposed of the same yet, and as such, he has filed this Writ Petition challenging the inaction of the first respondent to be illegal and arbitrary and seeks for issuance of a writ of mandamus directing the first respondent to dispose of the Appeal within a stipulated period.

3. Considering the nature of relief sought for in this Writ Petition, this Court is of the view that no useful purpose is going to be served by asking the respondents to file response to the same. Accordingly, after hearing the learned counsel for the parties, and without going into the merits of the case projected by the petitioner, in this Writ Petition, this Court disposes of the Writ Petition with a direction to the first respondent to dispose of the petitioner's Appeal dated 04.10.2017, filed against the punishment imposed in a disciplinary proceeding/domestic enquiry, in accordance with law, if not already disposed of within a period of eight weeks from the date of receipt of a copy of this order, if there is no other legal impediment. However, it is made clear that this Court has not expressed any opinion on the merits of the Appeal of the petitioner in any manner. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To

1. The Chief Engineer, TANGEDCO, Electricity Distribution, Coimbatore.

+1cc to Mr.P.R.Dhilip kumar, Advocate, S.R.No.41115 +1cc to Mr.K.Sudalai Kannu, Advocate, S.R.No.41822 Writ Petition No.15870 of 2018 GSP(13/07/2018) https://hcservices.ecourts.gov.in/hcservices/