S.Kumaravel v. Taml Nadu Generation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.2119 of 2018 S.Kumaravel

...Petitioner

Vs.

1.Tamil Nadu Generation and Distribution Corporation Limited, Represented by its Chairman cum Managing Director, No.144, Anna Salai, Chennai-600 002.

2.The Secretary, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai-600 002.

3.The Chief Internal Audit Officer, Audit Branch, TANGEDCO, 1st Floor, N.P.K.R.R Maligai, No.144, Anna Salai, Chennai-600 002.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent No.2 to pass orders on the petitioner's appeal dated 03.06.2017 within the time stipulated by this Court.

For Petitioner : Mr.s.Louis For Respondents : Mr.Dhayalan

ORDER

Heard the learned counsel on either side.

2.By consent of both the parties, the main Writ Petition itself is taken up for final disposal.

3.The petitioner was employed in the TANGEDCO. The petitioner reached the age of superannuation on 28.02.2017. However, on the date of the petitioner's retirement, certain disciplinary proceedings were pending against him. Those proceedings continued after his retirement as per Rule 9 of the Tamil Nadu Pension Rules, 1978, ended with an imposition of minor penalty. The petitioner, aggrieved by the imposition of the said penalty, preferred an appeal dated 03.06.2017 to the second respondent herein. Even though more than seven months have elapsed, the second respondent is yet to pass orders on the petitioner's appeal.

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4.Therefore, the second respondent is directed to dispose of the appeal dated 03.06.2017 on or before 31.03.2018, on merits and in accordance with law.

5.The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai-600 002.

2.The Secretary, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai-600 002.

3.The Chief Internal Audit Officer, Audit Branch, TANGEDCO, 1st Floor, N.P.K.R.R Maligai, No.144, Anna Salai, Chennai-600 002.

+One cc to Mr.S.Louis, Advocate, SR.No.46729 tsg RL/5C/2P/KK/SAR1/16/2/2018 W.P(MD).No.2119 of 2018 06.02.2018 https://hcservices.ecourts.gov.in/hcservices/