D.Sankar v. The Chief Engineer(Personnel)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2017
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.13355 of 2004 D.Shankar alias Sundarraj ... Petitioner Vs.
1.The Chief Engineer (Personnel) No.800 Anna Salai Chennai - 600 002.
2.The Superintending Engineer, Madurai Electricity Distribution Circle, Madurai - 1.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for records relating to the 2nd respondent's proceedings made in Ku.Aa.No.475/Oo.Ni/Aa/Ni P1/Udhavi 3/2003-4 dated 24.3.2004, to quash the same and consequently direct the respondents to issue appropriate minor penalty orders as per Board Proceedings. For Petitioner : Mr.L.Chandrakumar For Respondents : Mrs.R.Varalakshmi
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for records relating to the second respondent's proceedings made in Ku.Aa.No.475/Oo.Ni/Aa/Ni P1/ Udhavi 3/2003-4 dated 24.3.2004, to quash the same and consequently, to direct the respondents to issue appropriate minor penalty orders as per the Board Proceedings.
2.Heard the learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondents.
3.The petitioner was appointed as Field Assistant/ Helper in the department as per the report of Justice Khalid Commission. After appointment, on verification of the educational qualification certificate, it was found that the certificate
produced by the petitioner was bogus.
Accordingly, on 24.03.2004, the second respondent issued a show cause notice to the petitioner to show cause as to why he should not be removed from service. Challenging the same, the petitioner has filed this writ petition.
4.Mr.L.Chandrakumar, the learned counsel appearing for the petitioner would submit that the above matter is squarely covered by the decision of the Division Bench of this Court dated 19.12.2002 made in W.P.Nos.4941 of 2001 etc., batch. 5.It is useful to extract hereunder the relevant portion of the decision of the Division Bench of this Court dated 19.12.2002 made in W.P.Nos.4941 of 2001 etc., batch. "2.When the matter came up before us on 18.12.2002, during the course of arguments, it was suggested as to whether a lesser punishment could be inflicted, taking into account the factor of proportionality of punishment and, more so, in view of the fact that Mr.Justice Khalid Commission had recommended relaxation in the educational qualifications as also age.
The Electricity Board had favourably responded, and had issued the Board Proceedings vide Per.B.P. (F.B.) No.27 (Administrative Branch), dated 7.11.2002, by which it is clear that the cases have been categorised into four, for lifting the suspension and also for regularization, and they are as follows:- After careful consideration, the Board has decided to cancel the punishment of dismissal/ removal from service imposed by the Superintending Engineers. The Board has also decided that alternative punishment of "reduction of pay to the minimum of scale of pay of the post held on the date of imposing the punishment for a period of three years which will operate for future increments" will be sufficient.
Consequently the complaint lodged with the police will also be withdrawn. The period of suspension/ absence in these cases shall be regularised as follows:- a) If the orders of dismissal/ removal from service are already given effect, the period from the date of dismissal/ removal from Board's service till the date of rejoining will be regularised as
Extraordinary leave without pay and allowances.
b) Where show-cause notice/final order is challenged and stay obtained and the individual is continuing in service, the period will be treated as duty.
c) Where the suspension order was challenged and stay obtained and the individuals are continuing in service, in such cases the employees will be reinstated without prejudice to the Disciplinary Proceedings to be initiated and the period will be treated as duty.
d) Where the employee is under suspension and Disciplinary Proceedings is pending, the employee will be reinstated without prejudice to the Disciplinary Proceedings pending against him. The period of absence will be regularised by sanction of E.L at credit and the balance as E.O.L without pay and allowances. The subsistence allowance already paid will be adjusted for E.L at credit and balance amount will be recovered in easy instalments.
6. Accordingly, the Tamil Nadu Electricity Board hereby passes the following orders:- a (i) The punishment of removal/ dismissal from service imposed by the Superintending Engineers for production of bogus certificate for qualification/ age by Contract Labourers absorbed as Helpers shall be cancelled.
a (ii) In these cases, the punishment of dismissal/ removal imposed shall be modified to that of reduction of pay to the minimum of the time scale of pay of the post held on the date of issue of orders for a period of three years which will operate for future increments.
b) The period of suspension/ absence of these workmen shall be regularised as detailed in para 5 above.
7.The Superintending Engineers are informed that when the School records are found bogus the date of birth indicated in the school records and reckoned earlier for determining the age of the workman cannot hold good. Hence, in these cases, the individual workman may be directed to obtain and produce birth certificates from competent authorities for determining their age. In case there is difficulty to obtain birth certificate, medical certificate from the D.M.O or equivalent rank may be accepted.
8.The above orders will strictly apply only to the case of contract labourers absorbed as Helpers and who were dismissed/ removed from service solely for production of bogus certificate."
3. On 18.12.2002, similar writ appeals and writ petitions (W.A.No.2454 of 2002 etc., Batch) were disposed of in terms of the above Board Proceedings and directing the respective writ appellants and the writ petitioners therein to make a representation before the concerned Superintending Engineers for further follow up action, and also directing the cases of the respective writ appellants and writ petitioners to be decided in accordance with the conditions enumerated in the above Board Proceedings, which are extracted above. It was also made clear that the concerned Superintending Engineers, on being approached by the respective appellants and writ petitioners shall afford sufficient opportunity for compliance of the conditions and also observing that the arrears of salary, if any, payable will depend upon the orders to be passed in accordance with the above Board Proceedings.
Following the above, these writ petitions are also disposed of in the same terms.
Consequently, the connected miscellaneous petitions are closed."
6.On perusal of the decision cited supra, it squarely applies to the present case on hand. Accordingly, I am of the view that the relief granted in W.P.Nos.4941 of 2001 etc., batch
may be extended to the petitioner and the said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.
7.The writ petition stands disposed of in the above terms. No Costs.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Chief Engineer (Personnel) No.800 Anna Salai Chennai - 600 002.
2.The Superintending Engineer, Madurai Electricity Distribution Circle, Madurai - 1.
+1cc to Mrs.R.Varalakshmi, Advocate in sr.no.63004 W.P.No.13355 of 2004 VD(CO) NR 22/09/2017