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Madras High CourtWP/7337/2016disposed of

S.Santhi, v. The Chairman-Cum-Managing

2016-04-29Honourable Mr Justice T.Raja5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2016

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.Nos.7337 to 7341 of 2016 S.Santhi .. Petitioner in WP.No.7337/2016 S.P.Senthilnathan .. Petitioner in WP.No.7338/2016 M.Kamaraj .. Petitioner in WP.No.7339/2016 V.Srinivasan .. Petitioner in WP.No.7340/2016 R.Sasikumar .. Petitioner in WP.No.7341/2016 Vs 1.The Chairman-cum-Managing Director, TANGEDCO, (Tamil Nadu Generation and Distribution Corporation Ltd.,), Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002.

2.The Director, TANGEDCO, (Tamil Nadu Generation and Distribution Corporation Ltd.,), 144, Anna Salai, Chennai - 600 002.

3.The Chief Engineer / Personnel, For Chairman-cum-Managing Director, Administrative Branch, TANGEDCO, (Tamil Nadu Generation and Distribution Corporation Ltd.,), 144, Anna Salai, Chennai - 600 002.

.. Respondents in all WPs Tamil Nadu Electricity Board, TANGEDCO, Mettur Electricity Distribution Circle, Mettur Dam-I, Salem District.

.. 4th respondent in W.P.No.7337/16 5.The Chief Engineer (Distribution), Tamil nadu Electricity Board, Erode Region, Erode.

.. 4th respondent in W.P.No.7338/16

Salem Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Salem .

.. 4th respondent in W.P.No.7339/16 4.The Executive Engineer, Omalur, Salem Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Salem .

.. 4th respondent in W.P.No.7340/16 Salem Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Salem .

.. 4th respondent in W.P.No.7341/16 Prayer in W.P.No.7337/2016: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records of the third respondent in connection with his Memo No.023359/202/G7/G7(1)/ 2014-5, dated 23.04.2014 and the order of the suspension issued by the 4th respondent in Memo No.SEM/Adm.1(2)/ F.Suspension/R.763/2008, dated 16.09.2008 and quash the same and consequential directions to the respondents to reinstate the petitioner in service and to grant all the consequential benefits.

Prayer in W.P.No.7338/2016: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records of the third respondent in connection with his Memo No.023359/202/G7/G7(1)/ 2014-11, dated 23.04.2014 and the order of the suspension issued by the 4th respondent in Memo No.7712/360/A4/2009-1, dated 21.03.2009 and quash the same and consequential directions to the respondents to reinstate the petitioner in service and to grant all the consequential benefits.

Prayer in W.P.No.7339/2016: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records of the third respondent in connection with his Memo No.023359/202/G7/G7(1)/ 2014-1, dated 23.04.2014 and the order of the suspension issued by the 4th respondent in Memo No.802/183/ADM.III/A2/F.Sus./2010, dated 14.10.2010 and quash the same and consequential directions to the respondents to reinstate the petitioner in service and to grant all the consequential benefits.

Prayer in W.P.No.7340/2016: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records of the third respondent in connection with his Memo No.023359/202/G7/G7(1)/ 2014-6, dated 23.04.2014 and the order of the suspension issued by the 4th respondent in Memo No.940/Adm.I/A/F.Suspension/011, dated 22.06.2011 and quash the same and consequential directions to the respondents to reinstate the petitioner in service and to grant all the consequential benefits.

Prayer in W.P.No.7341/2016: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records of the third respondent in connection with his Memo No.023359/202/G7/G7(1)/ 2014-8, dated 23.04.2014 and the order of the suspension issued by the 4th respondent in Memo No.SE/SEDC/Slm/Adm III/A4/F.Doc/PR 375/2011, dated 30.07.2011 and quash the same and consequential directions to the respondents to reinstate the petitioner in service and to grant all the consequential benefits. In All Writ Petitions:

For petitioners : Mr.M.Ravi For Respondents : Mr.P.R.Dhilipkumar C O M M O N O R D E R By way of filing these writ petitions, the petitioners seek to quash the order of suspension passed by the respondents. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. Since the issues involved in all the writ petitions are one and the same, they are disposed of by this common order. For better appreciation, facts involved in W.P.No.7337 of 2016 are stated below:

It is alleged that the petitioner was falsely implicated in a criminal case under the Prevention of Corruption Act and subsequently, he was arrested and detained in custody. Pursuant to his arrest, the third respondent, vide his proceedings dated 16.09.2008, suspended the petitioner from service.

4. Now, the only grievance of the petitioners is that though they have made several representations, the respondent Board, even after more than five years from date of suspension, has not taken any steps either to order enquiry or to review the suspension order.

5. In this regard, it is more relevant to refer to the judgment of the Hon'ble Apex Court in the case of Ajaykumar Choudhary v. Union of India (2015 (7) SCC 291), wherein it is held that the currency of suspension should not extend beyond three months if within this period the charge memo / charge sheet is not served on the delinquent employee. Pursuant to the said ratio laid down by the Hon'ble Apex Court, the Government have issued Letter No.13519/N/2015-1, dated 23.07.2015, requesting the Heads of the Departments to follow its directions issued by the Apex Court in Ajay Kumar Choudhary's case and the relevant portion of the said letter is extracted hereunder: "3) In view of the above, the Hon'ble Supreme Court of India while fixing limitation on the period of suspension directed that, (i) The currency of a suspension order should not extend beyond three months if within this period the Memorandum of Charges/Chargesheet is not served on the delinquent officer/employee;

(ii) If the Memorandum of Charges/Chargesheet is served a reasoned order must be passed for the extension of the suspension.

The Departments of Secretariat and Heads of Departments are therefore requested to follow the directions ordered by the Hon'ble Supreme Court of India on the limitations in the period of suspension in letter and spirit."

6. In the light of the above, the respondent Board is directed to consider the claim of the petitioners in all these writ petitions by taking note of the ratio laid down by the Hon'ble Apex Court in Ajaykumar Choudhary's case (cited supra) on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petitions stand disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rkm

To 1.The Chairman-cum-Managing Director, TANGEDCO, (Tamil Nadu Generation and Distribution Corporation Ltd.,), Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002.

2.The Director, TANGEDCO, (Tamil Nadu Generation and Distribution Corporation Ltd.,), 144, Anna Salai, Chennai - 600 002.

3.The Chief Engineer / Personnel, For Chairman-cum-Managing Director, Administrative Branch, TANGEDCO, (Tamil Nadu Generation and Distribution Corporation Ltd.,), 144, Anna Salai, Chennai - 600 002.

Tamil Nadu Electricity Board, TANGEDCO, Mettur Electricity Distribution Circle, Mettur Dam-I, Salem District.

6.The Chief Engineer (Distribution), Tamil nadu Electricity Board, Erode Region, Erode.

7.The Superintending Engineer, Salem Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Salem .

8.The Executive Engineer, Omalur, Salem Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Salem .

9.The Superintending Engineer, Salem Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Salem .

+ 1 cc to Mr.M. Ravi, Advocate Sr.27685 W.P.Nos.7337 to 7341 of 2016 LRS(CO) Eu 12.05.16