Madras High CourtWP(MD)/19721/2013dismissed

Kaliswari v. The Superintendent Of Engineer

2018-02-20Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.19721 of 2013 Kaliswari ... Petitioner Vs.

1.The Superintending Engineer, Tamil Nadu Electricity Board, K.Pudur, Madurai.

2.The Assistant Engineer, Tamil Nadu Electricity Board, Sellur, Madurai-2.

3.Selvam ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the first and second respondents to consider the petitioner's representation dated 14.09.2013 and consequently direct the first and second respondent to take action against the third respondent in accordance with law. For Petitioner : Mr.K.Ganavel For Respondents : Mr.S.Dhayalan R1 and R2

O R D E R

The relief sought for in this writ petition is for a direction to direct the respondents 1 and 2 to consider the petitioner's representation dated 14.09.2013 and direct the respondents 1 and 2 to initiate action against the third respondent. 2.Undoubtedly, the writ petition is filed to initiate appropriate disciplinary proceedings against the third respondent in view of the fact that a criminal case was registered against the petitioner, who was a Government employee. In these kind of writ petitions, the Court cannot see in respect of the status of the writ petitioner. The public servant is bound to maintain good conduct through out his service. When a criminal case is registered, it is the duty of the competent authority to ensure that appropriate disciplinary actions are initiated in accordance with the rules. https://hcservices.ecourts.gov.in/hcservices/

However, the writ petitioner states that in spite of the criminal case registered against the writ petitioner under Sections 147, 448, 294(b), 342, 323, 506(i) IPC r/w Section 4 of TNPWH Act, no action was taken against the writ petitioner.

3.Under these circumstances, the respondents 1 and 2 are directed to consider the representation submitted by the petitioner on 14.09.2013 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is directed send a copy of the representation both to the respondents 1 and 2 and documents if any along with a copy this order.

4.Accordingly, this writ petition stands disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To 1.The Superintending Engineer, Tamil Nadu Electricity Board, K.Pudur, Madurai.

2.The Assistant Engineer, Tamil Nadu Electricity Board, Sellur, Madurai-2.

W.P.(MD)No.19721 of 2013 20.02.2018 skn MS/SV-MMS/SAR-4/04.04.2018/2P.3C https://hcservices.ecourts.gov.in/hcservices/