Madras High CourtWP/30620/2019dismissed

M.Venkatesan v. The Chairman,

2019-10-30Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.30620 of 2019 Mr.M.Venkatesan ..Petitioner/Defendant vs.

1. The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai- 600002.

2. The Assistant Executive Engineer/O&M, Tamil Nadu Electricity Board, Pulianthope/CEDC/Central/Chennai, Chennai- 600012.

.. Respondents/Plaintiff Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus or any other appropriate writ, order, direction in the nature of Writ direct the 2nd respondent to reinstate the petitioner in service as per Rule 20(3) of Tamilnadu Electricity board Standing order considering my representation dated 23.11.2018 and pass orders. For Petitioner : Mr. S. AnandhRaj For Respondents : Mr. P.R. Dilip Kumar

ORDER

With the consent of both the parties, the Writ Petition is taken up for final disposal today at the stage of admission itself.

2. The petitioner filed this Writ Petition seeking direction to the 2nd respondent to reinstate the petitioner in service as per Rule 20(3) of Tamilnadu Electricity board Standing order considering his representation dated 23.11.2018

3. The case of the petitioner is that the petitioner joined the Tamil Nadu Electricity Board for the post of Assessor on 11.11.2002. While he was in service the second respondent issued suspension order dated 22.06.2018 on the ground that criminal complaint was registered as against the petitioner. The second respondent had filed a Police complaint against the petitioner before the P-2, Otteri Police Station which has been https://hcservices.ecourts.gov.in/hcservices/

registered FIR No.387 of 2018 under sections 403, 409,420 and 465 of Indian Penal Code. The petitioner was arrested and remanded to Judicial custody and thereafter placed under suspension on 22.06.2018. Challenging the said suspension order, the petitioner filed a Writ Petition before this Court and the same was dismissed. Prior to the dismissal of the Writ Petition, the petitioner made a representation dated 23.11.2018 for reinstatement of service, but till date the petitioner's representation for reinstatement has not been considered. Hence the petitioner filed the present Writ Petition with the above said prayer.

4. The learned counsel for the petitioner would submit that though the petitioner has made representation for revocation of suspension order however it would be suffice to grant permission to the petitioner to make fresh representation to the respondents and with a direction to the respondents to consider the revocation of suspension order if such representation is made.

5. Considering the facts and circumstances of the case the petitioner is permitted to make representation within two (2) weeks from the date of receipt of a copy of this order and thereafter the respondents are directed to consider the representation as expeditiously as possible and pass orders. With the above observation, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Chairman, Tamil Nadu Electricity Board, Anna Salai,Chennai- 600002.

2. The Assistant Executive Engineer/O&M, Tamil Nadu Electricity Board, Pulianthope/CEDC/Central/Chennai, Chennai- 600012. +1 cc to M/s.S.Anandharaj,Advocate Sr.No. 89817 +1 cc to M/s.P.R.Dhilipkumar, Advocate Sr.No.89880 AKM/20.11.19/2P-5C / W.P.No.30620 of 2019 https://hcservices.ecourts.gov.in/hcservices/