G.Vijayan v. The Chief Engineer / Distribution
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-08-2025
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN WP No. 28505 of 2025 G.Vijayan S/o K. Gopal No 37, Municipal Housing Board, Anna Nagar, Arcot ..Petitioner(s) Vs
1. The Chief Engineer / Distribution Vellore Electricity Distirbution Circle, Tangedco Ltd, Gandhi Nagar, Vellore 6
2. The Superintending Engineer Vellore Electricity Distribution Circle, Tangedco Ltd, Gandhi Nagar, Vellore
3. The Executive Engineer Vellore Electricity Distirbution Circle Tangedco Ltd, Gandhi Nagar, Vellore 6
4. The Assistant Engineer / Urban Vellore Electricity Distribution Circle, Tangedco Ltd, Gandhi Nagar, Vellore ..Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st Respondent to consider and pass order on the appeal dated 06.01.2024, filed by the petitioner against the order of punishment passed by the 2nd respondent vide K. No 019858 / 459 / May. Po / Ve / Nir. A / Ni. Pi.3/ U.3 / 2021-4 dated 07.12.2023 in the light of the order passed in W.P. No 27915 / 2011 dated 20.12.2017 and pass orders accordingly.
For Petitioner(s): M/S. S.N. RAVICHANDRAN For Respondent(s):
MR.C.MANOHARAN, S.C., FOR R1 TO R4
ORDER
The instant writ petition has been filed with a prayer for issuing a Mandamus to direct the 1st Respondent to consider and pass order on the appeal dated 06.01.2024, filed by the petitioner against the order of punishment passed by the 2nd respondent vide K. No 019858 / 459 / May. Po / Ve / Nir. A / Ni. Pi.3/ U.3 / 2021-4 dated 07.12.2023 in the light of the order passed in W.P. No 27915 / 2011 dated 20.12.2017 and pass orders accordingly.
2. The learned counsel for the petitioner would submit that the petitioner was issued a charge memo on 26.08.2021. Thereafter, against the enquiry report, a show cause notice was issued to the petitioner on 08.04.2022 calling upon the further explanation. Based on the explanation given by the petitioner, the disciplinary authority imposed a punishment of dismissal vide order dated 07.12.2023. Against which the petitioner preferred an appeal before the Appellate Authority which is yet to be considered by the Appellate Authority. Hence, prays to direct the respondents to pass appropriate orders in the said appeal pending before the Appellate Authority.
3. At this juncture, the learned Standing counsel would submit that they will consider the petitioner's representation within a reasonable time, on its own merit.
4. In such view of the above submissions, this Court, without going into the merits of the case, deems it appropriate to direct the 1st respondent to pass orders on the said appeal filed by the petitioner, on merits and in accordance with law within a period of 8 weeks from the date of receipt of copy of this order. Further, if the Petitioner desires, he is also given liberty to raise additional grounds and such grounds has to be raised within a period of one week from the date of receipt of copy of this order.
5. In the result, this Writ Petition is disposed of with the above directions. No costs.
01-08-2025 Index: Yes/No Speaking/Non-speaking order Lbm
To
1. The Chief Engineer / Distribution Vellore Electricity Distirbution Circle, Tangedco Ltd, Gandhi Nagar, Vellore 6
2. The Superintending Engineer Vellore Electricity Distribution Circle, Tangedco Ltd, Gandhi Nagar, Vellore
3. The Executive Engineer Vellore Electricity Distirbution Circle Tangedco Ltd, Gandhi Nagar, Vellore 6
4. The Assistant Engineer / Urban Vellore Electricity Distribution Circle, Tangedco Ltd, Gandhi Nagar, Vellore
C.KUMARAPPAN, J.
Lbm WP No. 28505 of 2025 01-08-2025