Madras High CourtWP(MD)/17546/2014dismissed

S. Ayyappan v. The Chief Engineer (Personnel)

2018-01-08Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.17546 of 2014 and M.P.(MD).No.1 of 2014 S.Ayyappan ... Petitioner Vs.

1.The Chief Engineer, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), No.144, Anna Salai, N.P.K.R.R.Maaligai, Chennai.

2.The Superintending Engineer, Thoothukudi Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), Thoothukudi.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandams, to call for the records relating to the impugned order of suspension passed by the second respondent vide Ku.No.ST.1155/278/U.Ni.A/Ni.P.3/Ni.U.1/Ko/13 dated 26.04.2013 as amended vide Ku.No.ST.1155/278/Ni.P3/U.Ni.A/Ni.P .3/U.1Ko/13-1 dated 03.05.2013 and quash the same and consequently direct the second respondent to reinstate him in service. For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.A.U.Ramanathan Standing Counsel for TNEB ****

ORDER

Heard the learned counsel on either side.

The petitioner is an employee of TANGEDCO. He was implicated in a vigilance case in Crime. No.3 of 2013 dated 22.04.2013. He was remanded to judicial custody also. The petitioner is alleged to have demanded Rs,5000/- as illegal gratification. In view of the involvement in the criminal case, the second respondent passed an order of Suspension dated 26.04.2013. The order of suspension cannot be taken exception to. When a public employee is implicated https://hcservices.ecourts.gov.in/hcservices/

in a corruption case and also remanded into judicial custody, it is proper for the employer to keep him out. In this case, suspension became necessary in view of the detention of the petitioner in judicial custody. No ground is made out to interfere with the impugned order of suspension.

3.The writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Chief Engineer, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), No.144, Anna Salai, N.P.K.R.R.Maaligai, Chennai.

2.The Superintending Engineer, Thoothukudi Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), Thoothukudi.

+1CC to Mr.D.Shanmugaraja Sethupathi, Advocate, SR.No. 40953 W.P.(MD) No.17546 of 2014 08.01.2018 tsg AM/GT/SAR 1/02.02.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/