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Madras High CourtWP(MD)/2569/2016disposed of

R.Chandran, v. The Chairman,

2016-04-12Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.04.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.2569 of 2016 and WMP(MD)No.2275 of 2016 R.Chandran ... Petitioner Vs.

1.The Chairman, Tamil Nadu Generation & Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer(Distribution, Tamil Nadu Generation & Distribution Corporation Ltd., Madurai Region, K.Pudur, Madurai - 625 007.

3.The Chief Engineer(Personnel), Tamil Nadu Generation & Distribution Corporation Ltd., 144 Anna Salai, Chennai - 600 002.

4.The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., Maduria Electricity Distribution Circle, Madurai. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records pertaining to the impugned order of suspension in Memo No.551/SE/MEDC/MDU/ADO/ADMI/A3/F. Suspension/2015, dated 02.10.2015 on the file of the respondent No.4 and quash the same as illegal.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : No Appearance

ORDER

Though the prayer in the Writ Petition is widely worded, the learned counsel for the petitioner has submitted that the petitioner would be satisfied if his representation, dated 04.01.2016 is directed to be disposed of by the respondents.

2. The case of the petitioners is he is an employee in the respondent Corporation. While so, a criminal case was registered against the petitioner alleging that he demanded bribe for giving temporary electricity connection to one Easwari. Pending the criminal case, the petitioner was suspended by the order of the fourth respondent, https://hcservices.ecourts.gov.in/hcservices/

dated 02.10.2015. Though the order was passed on 02.10.2015, so far no charge memo has been filed.

3. As the Honourable Supreme Court in Ajay Kumar Choudhary vs. Union of India(UOI) and Others reported in 2015(3) CTC 119, has held that a suspension order cannot be kept pending without issuing charge memo for a period not more than three months, the petitioner has approached this Court to consider the representation, which he has made before the fourth respondent for revoking the order of suspension. 4.Heard the submissions and perused the materials available on record.

5. Considering the facts and circumstances of the case, in the light of the decision of the Honourable Supreme Court in the judgement cited supra, the fourth respondent is directed to consider the representation of the petitioner, dated 04.01.2016, and pass orders on the same on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petitions are disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar.

To 1.The Chairman, Tamil Nadu Generation & Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer(Distribution, Tamil Nadu Generation & Distribution Corporation Ltd., Madurai Region, K.Pudur, Madurai - 625 007.

3.The Chief Engineer(Personnel), Tamil Nadu Generation & Distribution Corporation Ltd., 144 Anna Salai,Chennai - 600 002.

4.The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., Maduria Electricity Distribution Circle, Madurai.

+1CC to M/S.T.Lajapathi Roy, Advocate, SR.No. 20666 W.P(MD)No.2569 of 2016 and WMP(MD)No.2275 of 2016 12.04.2016 pm AM/JGB.DP/22.04.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/