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Madras High CourtWP(MD)/22073/2025dismissed

R.Senthilkumar v. The Chief Engineer / Personnel Tamil Nadu Power Distribution

2025-08-13Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP (MD) Nos.17178 and 17180 of 2025 R.Senthil Kumar ... Petitioner vs.

1. The Chief Engineer / Personnel Tamil Nadu Power Distribution Corporation Ltd., 144, Anna Salai, Chennai-600002.

2. The Chief Engineer / Distribution Tamil Nadu Power Distribution Corporation Ltd., K.Pudur, Madurai-625007.

3. The Superintending Engineer, Tamil Nadu Power Distribution Corporation Ltd., Madurai Electricity Distribution Circle, K.Pudur, Madurai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India 1/6

praying for issuance of a Writ of Certiorari, calling for the records relating to the first respondent reference in Memo No.017471/G50/G502/2025 dated 15.07.2025 to quash the same.

For Petitioner : Mr.R. Thankasamy For Respondents : Mr.B.Ramanathan Standing Counsel TANGEDCO

O R D E R

This writ petition has been filed challenging the impugned order dated 15.07.2025, cancelling the petitioner's posting at Panaiyur section and posted him at Sivaganga Electricity Distribution Circle. 2.Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that the petitioner was involved in a case of temporary misappropriation, due to which he was placed under suspension while serving as Revenue Supervisor at Chekkanoorani Section, Madurai Electricity Distribution Circle. Subsequently, 2/6

the Superintending Engineer, Madurai Electricity Distribution Circle revoked the suspension order and posted the petitioner at Panaiyur Section at Madurai Electricity Distribution Circle, vide order dated 19.03.2025. The petitioner's seniority is based on statewide seniority. However, without issuing any notice to the petitioner, the Chief Engineer cancelled the transfer order from Chekkanoorani to Panaiyur Section and re-posted the petitioner to Sivaganga Electricity Distribution Circle in the existing vacancy. Challenging the same, the present writ petition has been filed.

4. Learned counsel for the petitioner would further submit that admittedly the petitioner was placed under suspension on 23.08.2024 and the suspension was revoked on 19.03.2025. Within a period of four weeks thereafter, another transfer order was passed, which, according to the learned counsel for the petitioner, was not for any administrative reason but was passed purely out of vengeance against the petitioner. Therefore, he prayed to allow the writ petition.

5. Per contra, the learned Standing Counsel appearing on behalf of the Electricity Board would submit that admittedly the petitioner was indeed 3/6

placed under suspension for temporary misappropriation. In view of the prolonged nature of suspension, it was revoked by the Superintending Engineer. However, since the petitioner's seniority is statewide seniority, the Superintending Engineer did not have the authority to transfer the petitioner from one section to another. Such power exclusively lies with the Chief Engineer. Therefore, the Chief Engineer found that there was an existing vacancy in the Sivaganga Electricity Distribution Circle and thereby, passed the present transfer order. In fact, the transfer order was in order to help the petitioner for revoking suspension.

6. Upon considering the submissions, it is evident that the petitioner, a Revenue Supervisor with statewide seniority, was transferred from Chekkanoorani to Panaiyur Section by the Superintending Engineer, Madurai Electricity Distribution Circle, on 19.03.2025, following the revocation of his suspension. However, since transfers involving statewide seniority fall within the domain of the Chief Engineer, he cancelled the said order and reassigned the petitioner to an existing vacancy in the Sivaganga Electricity Distribution Circle. The petitioner's claim of vengeance lacks evidence. In the absence of mala fides or violation of statutory rules, this Court is of the view that no interference is 4/6

warranted by this Court.

7. Accordingly, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. 13.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN To

1. The Chief Engineer / Personnel Tamil Nadu Power Distribution Corporation Ltd., 144, Anna Salai, Chennai-600002.

2. The Chief Engineer / Distribution Tamil Nadu Power Distribution Corporation Ltd., K.Pudur, Madurai-625007.

3. The Superintending Engineer, Tamil Nadu Power Distribution Corporation Ltd., Madurai Electricity Distribution Circle, K.Pudur, Madurai.

5/6

M.DHANDAPANI ,J.

PKN ORDER MADE IN DATED : 13.08.2025 6/6