Thangababy.S v. Tamil Nadu Generation And Distribution Corporation Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 10.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)Nos.9821 and 9823 of 2021 S.Thangababy ... Petitioner Vs 1.Tamil Nadu Generation and Distribution Corporation Limited, Represented by its Chairman cum Managing Director, No.144, Anna Salai, Chennai - 600 002.

2.Tamil Nadu Generation and Distribution Corporation Limited, Represented by its Secretary, No.144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, Trichy Electricity Distribution Circle/ Metro, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Memorandum No.64824/A5/A52/2018-3, dated 11.02.2020 on the file of the respondent No.1 and quash the same as illegal insofar as not furnishing the list of witnesses is concerned and consequently direct the respondents to conduct denova enquiry afresh by of furnishing the list of witnesses enabling the petitioner to cross examine the witnesses within the time period stipulated by this Court.

For Petitioner : Mr.T.Aswin Rajasimman for Mr.T.Lajapathi Roy For Respondents : Mr.S.Arivalagan

ORDER

This writ petition is filed challenging the charge memo dated 11.02.2020 issued by the first respondent.

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2.Though this writ petition has been filed challenging the charge memo on several grounds, at the time of taking up the matter, the learned Counsel for the petitioner confined the prayer to the extent for a direction to the disciplinary authority to conclude the disciplinary proceedings within a reasonable time fixed by this Court.

3.The learned Standing Counsel appearing for the respondents has no objection for the same and submitted that the departmental proceeding would be completed within a reasonable time. 4.In view of the submission made on either side, without expressing anything on the merits of the case, the writ petition is disposed of on the following terms:

(i) The first respondent shall direct the enquiry officer to conclude the enquiry and to submit a report within a period of twelve weeks from the date of receipt of a copy of this order;

(ii) The first respondent upon receipt of the report from the enquiry officer shall take a decision within a period of four weeks thereon; and (iii) The petitioner is at liberty to raise all the grounds in this writ petition before the enquiry officer and shall co-operate with the enquiry. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) dsk Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai - 600 002.

2.The Secretary Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, Trichy Electricity Distribution Circle/ Metro, Trichy District.

+1 CC to M/s.S.ARIVALAGAN, Advocate ( SR-1614[F] dated 12/01/2022 ) 10.01.2022 KM(CO) GC(08.02.2022) 3P 5C 3/3