K.Sampathkumar v. The Chairman Cum Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD).No.22186 of 2022 K.Sampathkumar ... Petitioner Vs.

1. The Chairman Cum Managing Director, TANGEDCO, No.144, Anna Salai, Chennai.

2. The Joint Managing Director/ Secretary, TANGEDCO, No.144, Anna Salai, Chennai.

3. The Superintending Engineer, TANGEDCO, Virudhunagar Electricity Distribution Circle, Virudhunagar.

4. The Executive Engineer, TANGEDCO

Srivilliputhur, Virudhunagar District.

...

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st Respondent to drop the proposed punishment of cut Rs.2,000/- per month in pension for a period of 12 months vide proceedings in SB Memo No. 257/A5/A52/2015-43 dated 30.08.2022, considering the Petitioner's explanation dated 21.09.2022 submitted to the 1st Respondent, within the time frame that may be stipulated by this Court. For Petitioner :

Mr. R.Murugan For Respondents :

Mr. S.Arivalagan Standing Counsel

O R D E R

This Writ Petition has been filed for a direction to the 1st respondent to drop the proposed punishment of cut Rs.2,000/- per month in pension for a period of 12 months vide proceedings in SB Memo No.

257/A5/A52/2015-43 dated 30.08.2022, considering the petitioner's explanation dated 21.09.2022 submitted to the 1st Respondent, within the time frame that may be stipulated by this Court.

2. The learned counsel appearing for the petitioner submits that the petitioner has joined in the Tamil Nadu Electricity Board on 22.02.1980 as Switch Board Operator and got promoted to the post of Commercial Inspector during 1986. Further, he was promoted to the post of Junior Engineer Grade-II during 1991. Thereafter, he was conferred with the promotion to the post of Junior Engineer Grade-I during 1996. While so, he was issued with a suspension order on 30.04.2015 and thereafter, on 03.07.2015, he was issued with a charge memo. Challenging the same, the petitioner has filed a writ petition in W.P(MD).No.9861 of 2022. This Court vide its order dated 19.05.2022, disposed of the writ petition and directed the respondents to pass final orders in the disciplinary proceedings, dated 03.07.2015 initiated against the petitioner. Thereafter, the first respondent has passed the order dated 30.08.2022 permitting the petitioner to retire from service and on the very same day, he was asked to submit his

explanation. The petitioner has submitted his explanation on 21.09.2022. However, till date, no action has been taken. Hence, he prays that this Court may issue a direction to the respondents to conclude the disciplinary proceedings within the time to be stipulated by this Court.

3. The learned Standing Counsel appearing for the respondents would submit that the disciplinary proceedings will be concluded within a period of four weeks from the date of receipt of a copy of this order.

4. Though a larger relief has been sought for by the petitioner in the present writ petition, since the learned counsel appearing for the petitioner confines his relief to direct the respondents to conclude the disciplinary proceedings initiated against the petitioner, this Court, without expressing any opinion on the merits of the case of the petitioner, directs the respondents to conclude the disciplinary proceedings initiated against the petitioner within a period of four weeks from the date of receipt of a copy of this order and the respondents are directed to settle the terminal benefits to the petitioner within a period of six weeks thereafter.

5. Accordingly, this Writ Petition is disposed of. No costs. Connected miscellaneous petition is closed.

14.12.2022 Index : Yes / No Speaking Order : Yes / No ssb To

1. The Chairman Cum Managing Director, TANGEDCO, No.144, Anna Salai, Chennai.

2. The Joint Managing Director/ Secretary, TANGEDCO, No.144, Anna Salai, Chennai.

3. The Superintending Engineer, TANGEDCO, Virudhunagar Electricity Distribution Circle, Virudhunagar.

4. The Executive Engineer, TANGEDCO Srivilliputhur, Virudhunagar District.

M.DHANDAPANI,J.

ssb and W.M.P.(MD)No.22186 of 2022 14.12.2022