G.Senthilkumar v. The Chairman And Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.17559 of 2024 and W.M.P(MD)No.15101 of 2024 G.Senthilkumar ... Petitioner Vs.

1. The Chairman, TANGEDCO, 8th Floor, N.P.K.R.R. Maaligai, No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer (Personal), TANGEDCO, 8th Floor N.P.K.R.R. Maaligai No.144, Anna Salai, Chennai - 600 002.

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3. The Chief Engineer (Distribution), TANGEDCO, Madurai Region, Madurai.

4.The Superintending Engineer, TANGEDCO, Madurai EDC, Madurai District.

5. The Executive Engineer, TANGEDCO, O/o. Executive Engineer (Distribution), Rajapalayam, Virudhunagar District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned order passed by the 5th respondent vide his proceedings in F/M/vz;/01744-0304-c/epm-epgp-c/1-nfh/ kbgh/2024-3 dated 03.07.2024 and quash the same as illegal. 2/7

For Petitioner : Mr.S.Mohamed Suhail for M/s.Ajmal Associates For Respondents : Mr.S.Arivalagan - for R1 to R3 Standing Counsel

ORDER

The present writ petition has been filed seeking a Writ of Certiorari to quash the impugned order dated 03.07.2024 of the fifth respondent.

2. Heard Mr.S.Mohamed Suhail, learned counsel appearing for the petitioner and Mr.S.Arivalagan, learned Standing Counsel appearing for the respondents.

3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

4. The petitioner has been given with a charge memo for certain alleged lapses on the part of the petitioner. 3/7

5. The learned counsel for the petitioner submitted that the charges have not been framed and Enquiry Officer has not been appointed because the disciplinary proceedings have been contemplated only under Rule 8A of Tamil Nadu Electricity Board Employees' Discipline and Appeal Regulations which is for imposing only minor penalties.

6. However, the grievance of the petitioner is that in the impugned order dated 03.07.2024, no reason has been given for imposing the punishment of postponement of three years increment with cumulative effect. It appears that the petitioner has given an explanation to the charge memo given to him. In the impugned order the appropriate authority ought to have stated about the contents of the explanation and however, it is not accepted and he proceeded to punish the petitioner on presumption that the charges have been proved. Even though the petitioner has got an appeal remedy, he has chosen to file this writ petition, in view of the violation of principles of natural justice.

7. As the order of the 5th respondent is without any reason 4/7

and cryptic and without any reference to the submission made by the petitioner, I feel the impugned order is liable to be set aside.

8. In view of the above stated reasons, this writ petition is allowed and the impugned order dated 03.07.2024 of the 5th respondent is set aside. The matter is remitted back to the file of the 5th respondent to reconsider and pass orders afresh in the light of the above observation, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

29.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 5/7

To

1. The Chairman, TANGEDCO, 8th Floor, N.P.K.R.R. Maaligai, No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer (Personal), TANGEDCO, 8th Floor N.P.K.R.R. Maaligai No.144, Anna Salai, Chennai - 600 002.

3. The Chief Engineer (Distribution), TANGEDCO, Madurai Region, Madurai.

4.The Superintending Engineer, TANGEDCO, Madurai EDC, Madurai District.

5. The Executive Engineer, TANGEDCO, O/o. Executive Engineer (Distribution), Rajapalayam, Virudhunagar District 6/7

R.N.MANJULA , J.

RM Order made in W.P.(MD)No.17559 of 2024 29.07.2024 7/7