R.Balaji v. The Chairman Cum Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.No.26111 of 2023 Sri. R.Balaji ... Petitioner Vs.

1. The Chairman -cum- Managing Director, TANGEDCO, NPKRR Maaligai, No. 144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer (Personnel), TANGEDCO, NPKRR Maaligai, No. 144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, CEDC/ South - 1 / TANGEDCO, 110 KV SS Complex, K.K. Nagar, Chennai - 600 078.

... Respondents Prayer: Review Application filed under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure, 1908 to review the order made in W.P. No. 13671 of 2022 dated 19.07.2023

For Petitioner : Mr. Aravindh Subramanian, Senior Counsel for Mr. S.Vediappan For Respondents : Mr. I.David Sundar Singh

O R D E R

The Review Petition has been filed to review the order dated 19.07.2023 passed by this Court in W.P. No. 13671 of 2022, filed to quash the charge memo dated 15.03.2022.

2. The review was sought mainly on the ground that the criminal case has given a clean sheet to the petitioner and therefore, there cannot be any further departmental proceedings initiated on the same set of facts.

3. I am not convinced with the submissions made by the learned counsel for the petitioner.

4. This Court, while dismissing the Writ Petition, has clearly held that there is no bar under law to proceed with the Departmental proceedings even after acquittal of the criminal proceedings. What is required in the departmental proceedings is only the preponderance of probability and not the proof beyond reasonable doubt.

5. In view of the same, there does not appear any error apparent on the face of record to review the order and accordingly, this Review Application stands dismissed. However, it is made clear that the respondents shall complete the disciplinary proceedings within a period of four (4) months from the date of receipt of a copy of this order, without any delay. No costs. Consequently, the connected Miscellaneous Petition is closed.

16.10.2023 skr Index : Yes / No Speaking order / Non-speaking order To

1. The Chairman -cum- Managing Director, TANGEDCO, NPKRR Maaligai, No. 144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer (Personnel), TANGEDCO, NPKRR Maaligai, No. 144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, CEDC/ South - 1 / TANGEDCO, 110 KV SS Complex, K.K. Nagar, Chennai - 600 078.

N.SATHISH KUMAR , J.

skr 16.10.2023