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Madras High CourtWP(MD)/5515/2012closed

N. Indira v. The Chairman Cum Managing

2021-01-29Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and M.P.(MD)Nos.1 and 1 of 2012 N.Indira ... Petitioner in both W.Ps Vs.

1.The Chairman cum Managing Director, No.144, Anna Salai, Chennai-600 002.

2.The Chief Engineer (Personnel), No.144, Anna Salai, Chennai-600 002.

3.The Chief Engineer(Distribution), Tirunelveli Region, Tirunelveli.

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

5.A.Bagavathiappan Pillai, Superintending Engineer(then), Kanyakumari Electricity Distribution Circle, Nagercoil, Kanyakumari District.

And now The Chief Engineer(Distribution), Tirunelveli Region, Tirunelveli. ... Respondents in both W.Ps Prayer in W.P.(MD)No.5515 of 2012 : 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 vide Memo No.7/SE/KKEDC/AST/F.confdl/2010, dated 25.02.2010 and quash the same.

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Prayer in W.P.(MD)No.5516 of 2012 : 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 vide Memo No.37/SE/KKEDC/AST/F.doc/2009, dated 18.06.2009 and quash the same.

For Petitioner in both petitions : Mr.T.Arul For Respondents in both petitions : Mr.T.Sakthikumaran Standing Counsel for R.1 to R.4 * * * * * COMMON ORDER W.P.(MD)No.5515 of 2012 is filed seeking for issuance of a Writ of Certiorari to call for the records relating to the proceedings of the fourth respondent vide Memo No.7/SE/KKEDC/AST/F.confdl/2010, dated 25.02.2010 and quash the same.

2. W.P.(MD)No.5516 of 2012 is filed seeking for issuance of a Writ of Certiorari to call for the records relating to the proceedings of the fourth respondent vide Memo No.37/SE/KKEDC/AST/F.doc/2009, dated 18.06.2009 and quash the same.

3. The case of the petitioner is that she joined in the respondent Board as a Technical Assistant in the year 1988 through 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. Further, the petitioner also sent a representation to the third respondent on 02.03.2010 exposing the misdeeds committed by the fifth respondent, who was holding the post of fourth respondent. In response to that only, the above said charge memos have been issued on the ground that the petitioner failed to reveal the stock position of the electrical materials.

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4. Learned Counsel appearing for the petitioner would submit that when both the writ petitions were coming up for admission, accepting the plea of the petitioner, this Court granted an order interim stay on 23.04.2012. Hence, the learned Counsel appearing for the petitioner would pray for appropriate orders.

5. Learned Standing Counsel appearing for the respondents 1 to 4 would submit that after filing of the writ petitions, both the charge memos were dropped by the authorities, vide proceedings dated 18.02.2013 and hence, nothing survives for adjudication in these matters.

6. Recording the above submission made by the learned Standing Counsel appearing for the respondents 1 to 4, both the Writ Petitions are closed. No costs. Consequently, the connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) SSL 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 cum Managing Director, No.144, Anna Salai, Chennai-600 002.

2.The Chief Engineer (Personnel), No.144, Anna Salai, Chennai-600 002.

3.The Chief Engineer(Distribution), Tirunelveli Region, Tirunelveli.

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

+2 CC to M/s.T.SAKTHI KUMARAN, Advocate ( SR-2645, 2646[F] dated 01/02/2021 ) 29.01.2021 SV2 (CO) NR (10/02/2021) 4P : 7C 4/4