G. Vinoth Kumar v. The Superintending Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.24964 of 2024 and W.M.P(MD) Nos.21264 and 21265 of 2024 G.Vinothkumar Commercial Inspector S/o. Govindharaj, No.19/42, Alanganathapuram, 4th Street, Dharanallur, Trichy.
... Petitioner Vs.
1. The Superintending Engineer, Office of the Superintending Engineer, Trichy Distribution Circle/Metropolitan, Thiruchirapalli - 20.
2. The Executive Engineer, Office of the Executive Engineer, Tamil Nadu Power and Distribution Corporation, Thiruchirapalli District.
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3. The Assistant Executive Engineer, Office of the Assistant Executive Engineer, Palakarai,Thiruchirapalli 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 of impugned order passed by the first respondent vide Ku.Aa.No.1259-1/NiPi. 4/U.1/Ko.OO.Na/2024, dated 01.04.2024 and quash the same. For Petitioner : Mr.S.Ramasundarvijayaraj For Respondents : Mr.B.Ramanathan Standing Counsel
O R D E R
The present Writ Petition has been filed by a Commercial Inspector working in TANGEDCO, challenging the charge memo issued to him on 01.04.2024.
2. A perusal of the charge memo reveals that the allegations as against the writ petitioner relate to giving service connection to three residential buildings without following the regulations of the TANGEDCO. 2/6
3. According to the learned counsel appearing for the writ petitioner, the petitioner was on leave between 16.10.2023 and 27.10.2023. All these service connections have been effected by another officer during his leave period and therefore, the charge memo has to be quashed.
4. On instructions, the learned Standing Counsel appearing for the respondents herein has brought to the notice of this Court that out of three service connections, the petitioner has inspected and estimated only in respect of the connection of one Shirly Lidhiya. However, the other two service connections in favour of M.Sathish Kumar and T.M.Thiagarajan were effected by other officers. Therefore, according to him, the petitioner would be proceeded under the charge memo only relating to the alleged misconduct of the writ petitioner with regard to providing service connection to the said Shirly Lidhiya.
5. In view of the above said facts, it is clear that the service connection in favour of one Shirly Lidhya has been provided only during the service period of the writ petitioner. Since there is a factual dispute whether the service connection was provided as per the regulations of the TANGEDCO or 3/6
in violation of the same, this Court is not inclined to interfere in the charge memo issued by the respondent herein.
6. In view of the submissions made by the learned Standing Counsel for the respondents herein, this Writ Petition stands dismissed and the petitioner is at liberty to submit his explanation for the departmental proceedings with regard to the allegations as against the writ petitioner for providing service connection Shirly Lidhya and other allegations which are not connected to M.Sathish Kumar and T.M.Thiagarajan, within a period of four weeks from the date of receipt of a copy of this order. The authorities are directed to complete the departmental proceedings within a period of twelve weeks from the date of explanation. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed. 23.10.2024 NCC : Yes/No 2/2 Index : Yes / No Internet : Yes / No ebsi 4/6
To
1. The Superintending Engineer, Office of the Superintending Engineer, Trichy Distribution Circle/Metropolitan, Thiruchirapalli - 20.
2. The Executive Engineer, Office of the Executive Engineer, Tamil Nadu Power and Distribution Corporation, Thiruchirapalli District.
3. The Assistant Executive Engineer, Office of the Assistant Executive Engineer, Thuvarankuruchi, Thiruchirapalli District.
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R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.24964 of 2024 23.10.2024 2/2 6/6