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Madras High CourtWP(MD)/19384/2018dismissed as infructuous

Mr.V.Deivapandian, v. The Chief Engineer,

2021-02-15Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.19384 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.19384 of 2018 and W.M.P.(MD).Nos.17226 & 17227 of 2018 Mr.V.Deivapandian

...Petitioner

Vs.

1.The Chief Engineer, (Material Management), O/o. The Chief Engineer, TANGEDCO, 144, Anna Saalai, Chennai.

2.The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation Limited, Tuticorin Electricity Distribution Circle, Tuticorin District.

3.The Assistant Executive Engineer/Enquiry Officer, Tamil Nadu Generation & Distribution Corporation Limited, Distribution, Tiruchendur - 623 215, Tuticorin District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Enquiry Report, dated Nil on the file of the respondent No.3 and the consequential impugned order in Ku.A.No.23561-5/Ni.A/Nipi3/U1/Ko.O.Na/2018, dated 10.07.2018, on the file of the respondent No.2 and quash the same as illegal and consequently for a direction, directing the respondent No.2 to conduct denovo enquiry providing adequate opportunity to the petitioner within the time stipulated by this Court.

For Petitioner : Mr.T.Aswin Rajasimman For Respondents : Mr.T.Sakthikumaran Standing Counsel

O R D E R

Heard Mr.T.Aswin Rajasimman, the learned counsel appearing for the petitioner and Mr.T.Sakthikumaran, learned Standing Counsel appearing for the respondents.

2.Pursuant to the charges levelled against the petitioner herein, an Enquiry Officer was appointed, who had filed the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.19384 of 2018 impugned Enquiry Report. Challenging the Enquiry Report, the present writ petition has been filed.

3.Today, when the matter was called, the learned Standing Counsel for the respondents produced a copy of the final Report dated 18.01.2021, which evidences that pursuant to the impugned Enquiry Report, the Disciplinary Authority had also imposed the punishment of stoppage of increment for a period of one year with cumulative effect. As such, the prayer in the present writ petition has become infructuous.

4.In case, the petitioner is aggrieved against the order of punishment, dated 18.01.2021, liberty is hereby granted to him to challenge the same in accordance with law.

5.With the above liberty, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. +1 CC to Mr.T.SAKTHI KUMARAN, Advocate ( SR-5190[F] dated 15/02/2021 ) +1 CC to Mr.T.LAJAPATHI ROY, Advocate ( SR-5744[F] dated 17/02/2021 W.P.(MD) No.19384 of 2018 15.02.2021 KM (26.02.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2