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Madras High CourtWP(MD)/4932/2010closed

N. Indira v. The Chairman

2021-01-25Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and M.P.(MD)No.1 of 2010 N.Indira ... Petitioner Vs.

1.The Chairman, Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai-600 002.

2.The Chief Engineer (Personal), Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai-600 002.

3.The Chief Engineer(Distribution), Tamil Nadu Electricity Board, Tirunelveli Region, Tirunelveli.

4.The Superintending Engineer, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District.

5.A.Bagavathiappan Pillai, Superintending Engineer, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari to call for the records relating to the proceedings of the fourth respondent in Memo No.005835/ADM-1/A1/2010, dated 22.03.2010 and quash the same. For Petitioner :

Mr.T.Arul For Respondents :

Mr.T.Sakthikumaran Standing Counsel for R.1 to R.4

ORDER

This Writ Petition is filed seeking for issuance of a Writ of Certiorari to call for the records relating to the proceedings of the fourth respondent in Memo No.005835/ADM-1/A1/2010, dated 22.03.2010 and quash the same.

2. The case of the petitioner is that she joined in the respondent Board as a Technical Assistant in the year 1988 through 1/3

direct recruitment. After completion of B.E., she was selected as Assistant Engineer (Electrical) by internal selection in the year 2002. The petitioner rendered her services in various circles and joined as Assistant Engineer/Materials Management, in the office of the Superintending Engineer, Kanyakumari Distribution Circle at Nagercoil on 13.09.2008 and she has rendering her service to the fullest satisfaction of the Board without any blemish whatsoever. While so, when the petitioner was working in the Materials Management Section of the Circle Office, she was entrusted with the responsibility of processing papers and there was a malpractice in the tender opening system and the petitioner was not responsible for the misdeeds committed by the officials and thereby the petitioner was transferred from Nagercoil to Munchirai. Challenging the said order of transfer, the present writ petition is filed by the petitioner.

3. Learned Counsel appearing for the petitioner would submit that the impugned transfer order was passed with malafide intention and in order to settle the score off the petitioner. Further, the petitioner also sent a representation to the third respondent on 02.03.2010 exposing the misdeeds committed by the fifth respondent. When this writ petition was coming up for admission, accepting the plea of the petitioner, this Court granted an order interim stay and her services were retained in the same place. Hence, the learned Counsel prays for appropriate orders.

4. The learned Standing Counsel appearing for the respondents 1 to 4 would submit that in view of the order of interim stay granted by this Court, dated 13.04.2010, the impugned order of transfer was cancelled, vide proceedings dated, 18.05.2010. The learned Standing Counsel would further submit that the respondents are not inclined to pursue the impugned order.

5. The said submission made by the learned Standing Counsel appearing for the respondents 1 to 4 is recorded.

6. In view of the above said development, nothing survives for adjudication in this writ petition. Accordingly, the Writ Petition stands closed. No costs. Consequently, the connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) SSL 2/3

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Chairman, Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai-600 002.

2.The Chief Engineer (Personal), Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai-600 002.

3.The Chief Engineer(Distribution), Tamil Nadu Electricity Board, Tirunelveli Region, Tirunelveli.

4.The Superintending Engineer, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District.

25.01.2021 (VR)CO AP(08/02/2021) 3P 5C 3/3