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Madras High CourtWP/46435/2025dismissed

K.R.Sabari Rajan v. The Chairman And Managing Director

2025-12-02Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI AND WMP NO. 51779 OF 2025 K.R.Sabari Rajan Petitioner(s) Vs

1. The Chairman And Managing Director The Secretariat Branch, Tamil Nadu Power Distribution Corporation Limited, N.P.K.R.R. Maligai, 144, Anna Salai, Chennai-600 002 2.The Superintending Engineer Coimbatore Electricity Distribution Circle, South, Coimbatore.

Respondent(s) PRAYER;This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, calling for the records of the 1st Respondent herein in Memorandum No.39399/A5/A52/2025.1 dated 20.06.2025 and consequential order passed by the 1st Respondent in Memorandum No.No.39399/A5/A52/2025 dated 20.06.2025 and quash the same consequently to direct the first respondent to revoke the order of suspension and reinstate the petitioner back into service.

For Petitioner(s):

M/s. T.R.Gayathiri For Respondent:

Mr.K.Raj Kumar, SC

ORDER

The petitioner seeks revocation of the suspension order passed against him and for a direction to re-instating back into service.

2. This petitioner is an employee of the first respondent. The petitioner was working as Assistant Engineer (Electrical). The petitioner received an application from one Karunakaran for shifting electricity pole from his land on the ground that the electricity pole was disturbing his farming. Based on the application, the petitioner conducted a spot enquiry and found that estimation was made for cement pole, but an iron pole was erected there. Since NOC had to be obtained from adjacent land owners for shifting electricity police, the petitioner sent a revised estimation to the Assistant Engineer, Arasur. According to the petitioner, enraged at the action of the petitioner, the son of the applicant Karunakaran, made a false complaint before Department of Vigilance and AntiCorruption that the petitioner demanded bribe.

According to the petitioner, the petitioner was arrested and later he was released on bail by this Court. The first respondent, based on the complaint made by the third respondent passed an order on 20.06.2025 suspending the petitioner from service. The petitioner has come up with this writ petition challenging the said order of suspension.

3. It is the settled principle that interference at the stage of show cause notice or pending proceedings in a departmental enquiry, the Courts should not

normally interfere unless a strong prima facie case is shown that the said initiation of action by the respondent is per se bad. In the present case, the petitioner has been suspended for alleged acts of corruption and through and though bail has been granted by this Court, the said factum cannot be a persuasive circumstance to conclude that there exists a prima facie case which warrants interference with the order of suspension.

4. It is borne out by record that even before the proceedings are concluded the petitioner has rushed to this Court seeking its indulgence to interfere with a departmental enquiry which has been initiated for alleged corrupt activities. It would not be justifiable for this Court to interfere with the order of suspension without there being prima facie strong materials to support the said contention. In the absence of the same, the prayer as sought for cannot be granted as the writ petition itself is highly premature.

5. Accordingly, this writ petition is dismissed granting liberty to the petitioner to submit his explanation and face the departmental proceedings initiated against him in accordance with law. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 02-12-2025 rli

M.DHANDAPANI J.

rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Chairman And Managing Director The Secretariat Branch, Tamil Nadu Power Distribution Corporation Limited, N.P.K.R.R. Maligai, 144, Anna Salai, Chennai-600 002 2.The Superintending Engineer Coimbatore Electricity Distribution Circle, South, Coimbatore.

02-12-2025