Madras High CourtWP(MD)/10372/2022disposed of

Johnson.F v. The Superintending Engineer

2024-09-25Honourable Mr Justice J.Sathya Narayana Prasad5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2024

CORAM

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P(MD)Nos.7376 and 10585 of 2022 F.Johnson ... Petitioner Vs.

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

2.The Executive Engineer, Distribution, Kanyakumari Electricity Distribution Circle, Nagercoil, Kanyakumari District.

3.The Assistant Executive Engineer, Distribution/Kottaram, Kottaram, Nagercoil, 1/5

4.The Junior Engineer, Distribution/Mylaudy, Mylaudy, Nagercoil, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned suspension order issued by the third respondent in Memo No.AEE/D/KTRM/JA/F.Confid/D.No.25/2022, dated 10.05.2022 and the consequential relieving order passed by the fourth respondent in Memo No.Lr.No. / JE /Dist / Mylaudy / F.2 / D.No.123/ 2022 dated 10.05.2022 and quash the same and consequently direct the respondents to reinstate the petitioner as Line Inspector in the Office of the Junior Engineer, Distribution, Myaludy, Nagercoil, with all attendant and monetary and other benefits and to treat the period of suspension as duty.

For Petitioner : Mr.M.Saravana Kumar For Respondents : Mr.S.Arivalagan Standing Counsel

O R D E R

This petition has been filed challenging the suspension order issued by the third respondent, dated 10.05.2022 and the consequential relieving order passed by the fourth respondent, dated 10.05.2022 and direct the respondents to reinstate the petitioner into service and to treat the period of suspension as duty. 2/5

2. At the time of admission, this Court granted an interim order dated 26.05.2022. Based on the interim order, the suspension order was revoked by the respondents vide Memo No.EE/D/NGL/Adm/A.1/D.No.1272/2022, dated 16.08.2022. Thereafter, detailed enquiry was conducted and charges were proved and the respondents imposed the punishment of stoppage of increment without cumulative effect for one year. If at all the petitioner is aggrieved, he may challenge the same in a manner known to law.

3. The learned counsel for the petitioner submitted that the period of suspension from 10.05.2022 to 15.08.2022 would be treated as duty period and in this regard, it is open to the authorities to consider the same and pass appropriate orders.

4. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 25.09.2024 NCC:yes/no Index:yes/no Internet:yes/no SN 3/5

To:

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

2.The Executive Engineer, Distribution, Kanyakumari Electricity Distribution Circle, Nagercoil, Kanyakumari District.

3.The Assistant Executive Engineer, Distribution/Kottaram, Kottaram, Nagercoil, 4.The Junior Engineer, Distribution/Mylaudy, Mylaudy, Nagercoil, 4/5

J.SATHYA NARAYANA PRASAD , J.

SN 25.09.2024 5/5