S.Sudalaimani, v. The Executive Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2024

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA and W.M.P.(MD).No.10246 of 2024 S.Sudalaimani ... Petitioner Vs.

The Executive Engineer, (Distribution / Urban), Tamil Nadu Generation and Distribution Corporation (TANGEDCO) Limited, Tirunelveli.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records on the file of the respondent pertaining to its order in Memo. No. 2778/ EE/ D/ Urban/ AADO/ Ads/ F.Supension/ 2024 dated 13.05.2024 and quash the same and consequently direct the respondent to grant all attendant and monetary benefits to the petitioner.

For Petitioner : Mr.S.Sivakumar For Respondent : Mr.S.Arivalagan, Standing Counsel 1/5

O R D E R

Heard Mr.S.Sivakumar, learned counsel appearing for the petitioner and Mr.S.Arivalagan, learned Standing Counsel appearing for the respondent.

2. This Writ Petition has been filed challenging the impugned suspension order passed by the respondent in Memo. No. 2778/EE/D/Urban/AADO/Ads/ F.Supension/ 2024, dated 13.05.2024 and consequently to direct the respondent to grant all attendant and monetary benefits to the petitioner.

3. Mr.S.Sivakumar, learned counsel appearing for the petitioner submitted that it is the Foreman and the Commercial Inspector who go to the building of the consumers where they get physical electricity connection. But, however, he cannot disown the fact that such action can be executed by the Foreman and Commercial Inspector only on the orders of the Junior Engineer, who is the petitioner herein.

4. The petitioner had rushed to the Court even without knowing specific charges against him. In the impugned suspension order, it is stated that the petitioner is the Junior Engineer and he has been kept under suspension and the 2/5

allegation against the petitioner is that he has updated service connection at LT Building Portal, but, without effecting service physically.

5. According to the learned counsel for the petitioner, it is the Foreman and the Commercial Inspector who have to go and effect the physical connection and the petitioner who is the Junior Engineer has got nothing to do with the allegation made against him. It cannot be denied by the petitioner that such physical connection can be given by the Foreman and the Commercial Inspector on his order. So the petitioner is duty bound to verify whether such connections have been given before making entries in the LT Building portal.

6. Mr.S.Arivalagan, learned Standing Counsel appearing for the respondent submitted that since many other consumers who are affected due to the act of the petitioner, he was placed under suspension.

7. It is also submitted by the learned counsel for the petitioner that the consumers have stated that they do not require the connection. However, those factual matters mandate a detailed enquiry. The petitioner has given a representation to the respondent on 17.05.2024 stating that he has not committed any lapse as alleged in the impugned order. If there is no such 3/5

previous charge against the petitioner, the respondent shall consider the representation of the petitioner for revoking the suspension. So far as the revocation of suspension is concerned, a direction is given to the respondent to consider the representation of the petitioner.

8. In view of the above, this Writ Petition is disposed of with a direction to the respondent to consider the representation of the petitioner dated 17.05.2024 and pass appropriate orders on merits and in accordance with law as to how he deems it fit within a period of two (2) weeks from the date of receipt of a copy of this order and the petitioner shall co-operate with the enquiry and offer his explanation, once he is served with the charge memo for earlier disposal of the disciplinary proceedings, if any, contemplated against him. Consequently, connected miscellaneous petition is closed. No costs. Consequently, the connected miscellaneous petition is closed. 11.06.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG 4/5

R.N.MANJULA, J.

TSG 11.06.2024 5/5