← Library
Madras High CourtWP(MD)/27674/2022disposed of

Mahaboob Ibrahim .A v. The Chief Engineer

2022-12-07Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.27674 of 2022 A.Mahaboob Ibrahim ... Petitioner vs.

1.The Chief Engineer, TANGEDCO, Madurai.

2.The Superintending Engineer, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul.

3.The Executive Engineer /General, Enquiry Officer, Theni Electricity Distribution Circle, TANGEDCO, Theni.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents especially the third respondent ie., the enquiry officer to complete the enquiry expeditiously and submit the enquiry report to the second 1/5

respondent and further direct the second respondent to pass final orders on or before 30.12.2022 ie., the date of petitioner's superannuation. For Petitioner : Mr.A.Thirumurthy For Respondents : Mrs.M.Parameswari Standing counsel

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents, especially the third respondent ie., the enquiry officer to complete the enquiry expeditiously and submit the enquiry report to the second respondent and further direct the second respondent to pass final orders on or before 30.12.2022 ie., the date of petitioner's superannuation.

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

2/5

3. The learned counsel appearing for the petitioner would submit that a charge memo was issued against the petitioner on 22.10.2021. But the disciplinary proceedings was not concluded. For conclusion of the disciplinary proceedings, the petitioner has made a representation to the first respondent on 28.11.2022. But there is no reply from the first respondent. He would further submit that since the petitioner is at the verge of retirement, this Court may issue a direction to the third respondent to conclude the disciplinary proceedings.

4. The learned Standing counsel appearing for the respondents would submit that an enquiry officer has been appointed and he has not filed a report before the second respondent. Hence, this Court may issue a direction to the third respondent to conclude the disciplinary proceedings.

5. Considering the limited request made by the learned counsel for the petitioner, this Court directs the third respondent to submit an enquiry report to the second respondent within a period of two weeks from the 3/5

date of receipt of a copy of this order and on receipt of the same, the second respondent is directed to pass appropriate orders, on merits and in accordance with law, within a period of two weeks thereafter.

6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 07.12.2022 akv To 1.The Chief Engineer, TANGEDCO, Madurai.

2.The Superintending Engineer, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul.

3.The Executive Engineer /General, Enquiry Officer, Theni Electricity Distribution Circle, TANGEDCO, Theni.

4/5

M.DHANDAPANI,J.

akv W.P.(MD)No.27674 of 2022 07.12.2022 5/5