John Felix.C v. The Chief Engineer (Personnel)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.9284 of 2023 C.John Felix ... Petitioner Vs 1.The Chief Engineer (Personnel), No.144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer (Distribution), Thanjavur Region, Thanjavur - 613 007.

3.The Superintending Engineer, Thanjavur Electricity Distribution Circle, No.1, Vallam Road, Thanjavur - 613 007.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the impugned charge memo issued by the second respondent herein in his proceedings in Ku.No.00899/Tha.Po/Distribution/ Thanjai/Ni.Pi./Ko.Oo.Na/2023 dated 06.03.2023 and quash the same as illegal and unconstitutional.

For Petitioner : Mr.C.Gangai Amaran For Respondents : Mrs.M.Parameswari Standing Counsel

ORDER

Heard the learned counsel on either side.

2. The petitioner challenges the impugned charge memo on the grounds set out in the affidavit filed in support of the writ petition.

3. The first ground urged by the petitioner is that on the same set of facts earlier charge memo was issued and later dropped. My attention has been drawn to the proceedings dated 06.03.2023 enclosed in Page No.58 of the typed set of papers. It is seen therefrom that only without prejudice to the authority of the employer to take disciplinary action, the earlier proceedings were dropped. Therefore, the fact that earlier charge memo was issued and it was given up cannot come in the way of issuing the present charge memo. 2/4

4. The learned counsel appearing for the petitioner states that the document sought for by him has not been furnished. I am certain that the enquiry officer will bear in mind the principles of natural justice and that he would furnish all the documents that are relevant for establishing the defence of the delinquent.

5. The other contentions urged by the learned counsel appearing for the petitioner are factual in nature and it cannot be gone into by the writ Court. All the contentions and defenses of the petitioner are left open. This writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

27.04.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Chief Engineer (Personnel), No.144, Anna Salai, Chennai - 600 002.

3/4

G.R.SWAMINATHAN, J.

MGA 2.The Chief Engineer (Distribution), Thanjavur Region, Thanjavur - 613 007.

3.The Superintending Engineer, Thanjavur Electricity Distribution Circle, No.1, Vallam Road, Thanjavur - 613 007.

and W.M.P(MD)No.9284 of 2023 27.04.2023 4/4