Madras High CourtWP(MD)/8444/2024disposed of

Mohanadoss .M v. The Chief Engineer

2024-11-19Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2024

CORAM:

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR and WMP(MD).No.7650 of 2024 M.Mohanadoss .... Petitioner Vs.

1.The Chief Engineer Thoothukudi Thermal Power Station Thoothukudi 628 004 2.The Superintending Engineer TANGEDCO, Purchase and Administration Thoothukudi Thermal Power Station Thoothukudi 628 004 3.The Executive Engineer TANGEDCO, Ash Handling Plant Thoothukudi Thermal Power Station Thoothukudi 628 004 4.The Executive Engineer TANGEDCO, Electrical Maintenance -Division III Thoothukudi Thermal Power Station Thoothukudi 628 004

5.The Executive Engineer TANGEDCO, Electrical Maintenance -Division II Thoothukudi Thermal Power Station Thoothukudi 628 004 6.The Chairman TANGEDCO, Anna Salai, Chennai 600 002 7.The Chief Engineer (Personnel) TANGEDCO, Anna Salai, Chennai 600 002 .....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records pertaining to the proceedings in Ku.No.013471/156/Mu.Ni.A/Ni.bi3(3)/2023 dated 10.02.2023 on the file of the second respondent and consequential proceedings in Ku.No.Se.Po/Mi.Para-2/Tha.A.Mi.E./Ko/Thani/A.No.001/2024 dated 29.02.2024 on the file of the 5th respondent to quash the same. For Petitioner : M/s.K.Gandhiammal For Respondents : Mr.S.Arivalagan Standing Counsel

ORDER

The instant writ petition has been filed by an Assistant Engineer working in TANGEDCO challenging a charge memo dated 10.02.2023 and the enquiry notice dated 29.02.2024.

2.A perusal of the records indicate that the petitioner was implicated in a trap case under Prevention of Corruption Act and he was issued with a charge memo on 01.02.2023. Pursuant to the charge memo, an enquiry was conducted and a report was submitted to the disciplinary authority on 03.08.2023. The disciplinary authority, not being satisfied with the report, had proceeded to issue proceedings on 12.09.2023, 05.12.2023 and 23.01.2024 proposing to hold a fresh enquiry. These three proceedings, under which a fresh enquiry was ordered have not been challenged. On 29.02.2024, the enquiry officer has issued a notice of enquiry to the petitioner directing him to appear on 18.03.2024. Only this notice is under challenge.

3.Considering the fact that the petitioner has not chosen to challenge the re-enquiry order passed by the second respondent, the present writ petition challenging the enquiry notice issued by the enquiry officer is not maintainable. 4.In view of the above said facts, the writ petition stands disposed of with liberty to the writ petitioner to challenge the re-enquiry order of the second

respondent, if he is so advised. No costs. Consequently, connected miscellaneous petition is closed.

19.11.2024 Index : Yes/No Internet : Yes/No NCC:

: Yes/No msa

R.VIJAYAKUMAR, J.

msa and WMP(MD).No.7650 of 2024 19.11.2024