Madras High CourtWP(MD)/4084/2025disposed of

J.Brunthavanan v. The Chief Engineer / Personnel

2025-03-11Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND J.Brunthavanan ... Petitioner Vs.

1.The Chief Engineer/Personnel, TNEB/TANEDCO, No.144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer(Distribution), Trichy Region, TNEB/TANGEDCO, Thennur, Trichy - 17.

3. The Superintending Engineer, Pudukottai Electricity Distribution Circle, TNEB/TANGEDCO, EB Complex, Old Bus Stand, Pudukottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent No.2 to revoke the suspension of the petitioner dated 03.07.2024 and reinstate him in the non1/6

sensitive post of Assistant Executive Engineer (Electrical) in light of the guidelines issued under Chapter - II, Section 2 (3) of the Tamil Nadu Electricity Board Employees Discipline and Appeal Regulations within the time stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For Respondents : Mr.B.Ramanathan Standing Counsel

O R D E R

This writ petition has been filed seeking a Mandamus directing the respondent No.2 to revoke the suspension of the petitioner dated 03.07.2024 and reinstate him in the non-sensitive post in light of the guidelines issued under Chapter - II, Section 2 (3) of the Tamil Nadu Electricity Board Employees Discipline and Appeal Regulations within the time stipulated by this Court.

2. The case of the petitioner is that while he was working as Assistant Executive Engineer in the respondent board, a criminal case was registered against him in Crime No.2 of 2024, dated 02.07.2024 under Section 7(a) of Prevention of Corruption Act, 1988 on the file of office of Vigilance and Anti Corruption, Pudukottai. The said criminal case is pending. Pursuant to the 2/6

registration of the criminal case, the second respondent suspended the petitioner from service by order dated 03.07.2024. Though the petitioner was kept under suspension for a period of seven months, it is not reviewed by the respondents as per Chapter - II, Section 2 (3) of the Tamil Nadu Electricity Board Employees Discipline and Appeal Regulations, 2015. Aggrieved by the inaction of the respondents in reviewing the suspension order, dated 03.07.2024, he has submitted representation, dated 02.12.2024 to the respondents to review the suspension order. Against the inaction of the respondents in considering the representation, dated 02.12.2024, the petitioner constrained to file this writ petition.

3. Heard the learned counsel for the petitioner, the learned Standing Counsel for the respondents and perused the materials available on record.

4. Having considered the facts and circumstances of the case, it appears that the petitioner was suspended on 03.07.2024 from service and requesting the respondents to review his suspension order, he made representation to the respondents on 02.12.2024 and it is pending for consideration. 3/6

5. Under these circumstances, in our considered view, it is appropriate and reasonable to dispose of the writ petition at the admission stage with the consent of both parties without going into the merits of the case with a direction to the respondents to consider the representation of the petitioner, dated 02.12.2024 and pass appropriate orders in accordance with law within a stipulated time to meet the ends of justice.

6. Accordingly, this writ petition is disposed of with a direction to the respondent to consider the representation of the petitioner, dated 02.12.2024 and pass appropriate orders in accordance with law within a period of 6 weeks from the date of receipt of a copy of this order. No costs. 04.03.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn 4/6

To:

1.The Chief Engineer/Personnel, TNEB/TANEDCO, No.144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer(Distribution, Trichy Region, TNEB/TANGEDCO, Thennur, Trichy - 17.

3. The Superintending Engineer, Pudukottai Electricity Distribution Circle, TNEB/TANGEDCO, EB Complex, Old Bus Stand, Pudukottai District.

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BATTU DEVANAND , J.

CM 04.03.2025 6/6