Madras High CourtWP(MD)/2829/2016disposed of

D.Nalladurai Charles v. The Superintending Engineer

2016-02-10Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.02.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.2829 of 2016 D.Nalladurai Charles ... Petitioner Vs.

1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Tirunelveli Electricity & Distribution Circle, Tirunelveli - 11, Tirunelveli District.

2. The Chief Engineer/Personal, Tamil Nadu Generation and Distribution Corporation Ltd., Administrative Branch, No.144, Anna Salai, Chennai 600 002.

3. The Regional Chief Engineer, TANGEDCO, Tirunelveli. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to send petitioner's personal report(PR) regarding the pending of any Departmental proceeding either before him or before the Chief Engineer, Tirunelveli to the second respondent forthwith so as to enable the 1st respondent to consider the petitioner's representation, dated 26.12.2015. For Petitioner : Mr.R.Maheswaran For Respondents : Mr.G.Kasinathadurai

ORDER

Mr.G.Kasinathadurai, learned counsel takes notice for the respondents.

2. By consent of parties, the main Writ Petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner has made a representation through proper channel for transfer on 26.12.2015. Based on the said representation, the second respondent had called for personal report from the first respondent with respect to any departmental proceedings that may be pending against the petitioner. In paragraph No.6 of the affidavit it is stated that the personal report was sent to the first respondent stating that no departmental proceeding is pending at his end, but the petitioner was informed that the file was referred to https://hcservices.ecourts.gov.in/hcservices/

the third respondent through communication, dated 30.11.2015. The first respondent is expected to send another personal report informing the closure of any departmental proceedings against the petitioner. The said personal report has not been sent by the first respondent to the second respondent. Hence, the petitioner is seeking for a direction to the first respondent to send personal report of the petitioner with respect to pendency of departmental proceedings either before him or before the Chief Engineer, Tirunelveli, to the second respondent at the earliest.

4. Considering the above stated facts and circumstances, without going into the merits of the case, the first respondent is directed to send personal report of the petitioner regarding the pending of any Departmental proceeding either before him or before the Chief Engineer, Tirunelveli to the second respondent, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the second respondent is directed to consider the representation of the petitioner, dated 26.12.2015 and pass orders on the same, on merits and in accordance with law, within a period of four weeks thereafter. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Tirunelveli Electricity & Distribution Circle, Tirunelveli - 11, Tirunelveli District.

2. The Chief Engineer/Personal, Tamil Nadu Generation and Distribution Corporation Ltd., Administrative Branch, No.144, Anna Salai, Chennai 600 002.

3. The Regional Chief Engineer, TANGEDCO, Tirunelveli.

+ 1 CC TO MR.G.PRABHU RAJA DURAI, ADVOCATE IN SR NO. 8117 + 1 CC TO MR.G.KASINATHA DURAI, ADVOCATE IN SR NO. 7868 PM TE/MPA : 22/02/2016 : 2P/6C W.P(MD)No.2829 of 2016 10.02.2016 https://hcservices.ecourts.gov.in/hcservices/