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Madras High CourtWP/26131/2024disposed of

P.Devi v. The Chairman Cum Managing Director,

2024-09-11Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.Nos.28545, 28547 & 28550 of 2024 P.Devi W/o.G.Loganathan ... Petitioner Vs.

1.The Chairman cum Managing Director, (TANGEDCO), NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer (Personal), Office of the Chief Engineer/Personal, (TANGEDCO), NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, Office of the Superintending Engineer, TEDC/Thiruvannamalai, TANGEDCO, Thiruvannamalai - 4.

4.The Executive Engineer, Office of the Executive Engineer, O&M/West, TEDC/Thiruvannamalai, TANGEDCO, Thiruvannamalai - 4.

... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the orders vide 1)Ku.Aa.No.0058/Ni.Aa/ Ni.Pi.3/Ni.U.1/Ko.Tha.Pa.Neekkam/2023 dated 31.03.2023 and the consequential order 2) Memo No.285/SE/Ado/Adm.3/A.1/ F.Sus.Extension/2024 dated 08.05.2024 of the third respondent and to quash the same and to issue consequential direction to the third respondent to revoke the order of suspension and reinstate the petitioner in service with all consequential benefits.

For Petitioner : Mr.M.Aravind Subramaniam, Senior Counsel for Mr.S.Vinoth Kumar For Respondents : Mr.K.Rajkumar Standing Counsel *****

O R D E R

This writ petition has been filed challenging the impugned proceedings of the third respondent dated 31.03.2023 and the consequential order dated 08.05.2024 and for a direction to the third respondent to revoke the order of suspension and to reinstate the petitioner into service with all consequential benefits.

2. The case of the petitioner is that she was working as Commercial Assistant in Thiruvannamalai Division. A First Information Report came to be registered in Crime No.2 of 2023 for offence u/s.7 of 2/6

the Prevention of Corruption Act, 1988. The petitioner was made as an accused in this case. In view of the same, the third respondent issued an order dated 31.03.2023 placing the petitioner under suspension.

3. The petitioner made a representation to third respondent on 17.05.2023 requesting the third respondent to revoke the order of suspension since the petitioner was kept under prolonged suspension. There was no response and in the mean time, the investigation was completed and final report was filed before the Chief Judicial Magistrate and Special Judge, Thiruvannamalai, which was taken on file in Special Case No.2 of 2024.

4. The third respondent, by order dated 08.05.2024, extended the period of suspension of the petitioner. The grievance of the petitioner is that the petitioner has been kept under suspension for more than a year and even after the final report has been filed before the concerned Court, the third respondent has chosen to extend the period of suspension through the impugned proceedings dated 08.05.2024. The petitioner made a representation on 13.08.2024 requesting the respondents to revoke the order of suspension. Since the same did not evoke any response, the 3/6

present writ petition has been filed before this Court.

5. Heard Mr.M.Aravind Subramaniam, learned Senior Counsel appearing for petitioner and Mr.K.Rajkumar, learned Standing Counsel appearing for respondents.

6. In the considered view of this Court, this Court is not inclined to interfere with the order of suspension passed against the petitioner. However, considering the fact that the petitioner has been kept under suspension from 31.03.2023 onwards for more than a year, this Court deems it fit to direct the third respondent to deal with the representation made by the petitioner requesting for revocation of the order of suspension. Accordingly, there shall be a direction to third respondent to deal with the representation dated 13.08.2024 on its own merits and in accordance with law and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order.

7. The petitioner is directed to make a fresh representation to the third respondent along with a copy of this order. This writ petition is disposed of with the above direction. No 4/6

costs. Consequently, connected miscellaneous petitions are closed. 11.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Chairman cum Managing Director, (TANGEDCO), NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer (Personal), Office of the Chief Engineer/Personal, (TANGEDCO), NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, Office of the Superintending Engineer, TEDC/Thiruvannamalai, TANGEDCO, Thiruvannamalai - 4.

4.The Executive Engineer, Office of the Executive Engineer, O&M/West, TEDC/Thiruvannamalai, TANGEDCO, Thiruvannamalai - 4.

N.ANAND VENKATESH, J gm 5/6

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