Madras High Court
T.Murugaselvam vs The Chairman Cum Managing Director on 15 July, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.11565 of 2021
and W.M.P.Nos.12309 & 12310 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.11565 of 2021
and W.M.P.Nos.12309 & 12310 of 2021
T.Murugaselvam ... Petitioner
Vs.
1.The Chairman cum Managing Director,
Tamilnadu Generation and Distribution Corporation Limited,
144, Anna Salai, Chennai 600 002.
2.The Chief Engineer (Personal),
Tamilnadu Generation and Distribution Corporation Limited,
144, Anna Salai, Chennai 600 002.
3.The Chief Engineer/Distribution
Tamilnadu Generation and Distribution Corporation Limited,
Chennai Region/North,
144, Anna Salai, Chennai 600 002. ... Respondents
PRAYER: This Writ Petition has been filed under Article 226 of the
Constitution of India, to issue writ of Certiorarified Mandamus to call for the
records of the first respondent herein in Memo (Per)
No.31294/A18/A181/2016-1 dated 27.06.2016, the order of the second
respondent issued in Memo (Per) No.015278/64/G.6/G.62/2019-1, dated
08/05/2020 and the order of the third respondent issued in Memo
No.00208/121/Admn./B Sect./B2/2019 dated 16/02/2019 and to quash the
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W.P.No.11565 of 2021
and W.M.P.Nos.12309 & 12310 of 2021
same and to issue consequential directions to the respondents to reinstate the
petitioner in service within a time frame.
For Petitioner : Mr.P.S.Jayakumar
For Respondents : Mr.P.Subramaniam
Standing Counsel for TNEB
ORDER
This petition has been filed to quash the order passed by the respondents and to direct them to reinstate the petitioner in service within a time frame.
2.Brief facts of the case:
The petitioner was initially appointed as Assistant Engineer/Electrical in the erstwhile Tamilnadu Electricity Board and subsequently promoted as Assistant Executive Engineer, O & M, Esplanade, CEDE/Central, Chennai. At that time, a case was registered against him in Crime No.3/AC/2019/CCII, under Sections 7 & 12 of Prevention of Corruption Act, 1988, by alleging that the petitioner had demanded illegal gratification of Rs.2.5 lakhs to provide six new 3-phase electricity connections except government fees for a commercial building. Thereafter, https://www.mhc.tn.gov.in/judis 2/6 W.P.No.11565 of 2021 and W.M.P.Nos.12309 & 12310 of 2021 he was arrested and released on bail. In the meanwhile, the third respondent in and by Memo No.00208/121/Admn./B Sect./B2/2019 dated 16.02.2019, placed the petitioner under suspension with effect from 13.02.2019 till now. Since, no charge sheet was filed within three months from the date of suspension, the petitioner has preferred a writ petition before this Court in W.P.No.22170 of 2019 and by order dated 17.09.2019, this Court has dismissed same with a liberty to the petitioner to review the order of suspension by making the representation to the competent Authorities and also directed the competent authority that if such a representation received, the same has to be considered and pass orders in accordance with law. As per the order of this Court the petitioner has sent a representation dated 25.10.2019 to the respondents but the same is pending. Hence, the writ petition.
3.The learned counsel for the petitioner relied upon the decision of the Hon'ble Supreme Court reported in the case of Ajay Kumar Choudhary Vs.Union of India - (2015) 7 SCC 291, for considering the revocation of the suspension order passed by the third respondent by his impugned order in Memo No.00208/121/Admn./B Sect./B2/2019 dated 16.02.2019, wherein https://www.mhc.tn.gov.in/judis 3/6 W.P.No.11565 of 2021 and W.M.P.Nos.12309 & 12310 of 2021 the Hon'ble Supreme Court has relied upon the Hon'ble Full Bench Judgment of this Court in W.P.No.2165 of 2015 and W.P.No.1628 of 2018, dated 15.03.2022, which reads as follows:
“34.For the foregoing reasons, the reference is answered by holding that:
“(i)The judgment of the Apex Court in the case of Ajay Kumar Choudhary, supra, does not lay down absolute proposition of law that an order of suspension cannot be continued beyond the period of three months if the memorandum of charges/charge-sheet has not been served within three months, or if memorandum of charges/charge- sheet is served without reasoned order of extension.
(ii)The judgment in R.Blaji, supra, has no reference to the earlier judgments of co-equal strength and is thereby rendered per incuriam.
(iii)The issue of challenge to the order of suspension should be analyzed on the facts of each case, considering the gravity of the charges and the rules applicable.
(iv)Revocation of suspension with a direction to the employer to post the delinquent in a non-sensitive post cannot be endorsed or directed as a matter of course. It has to be based on the facts of each case and after noticing the reason for the delay in serving the memorandum of charges/charge-
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4.Heard the learned counsel for the petitioner and perused the materials placed on record.
5.In the light of the aforesaid Judgment of the Hon'ble Supreme Court as well as this Court, the third respondent has to consider the representation of the petitioner for revocation of suspension order passed against him. Therefore, in the light of the Full Bench Judgment of this Court, this Court directs the petitioner to make a fresh representation to the respondents within a period of two weeks from the date of receipt of a copy of this order and on such representation received by the respondents, the same has to be considered by the third respondent within a period of eight weeks thereafter.
6.With the above direction this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
15.07.2022 Dua Internet:Yes https://www.mhc.tn.gov.in/judis 5/6 W.P.No.11565 of 2021 and W.M.P.Nos.12309 & 12310 of 2021 D.KRISHNAKUMAR, J.
Dua To
1.The Chairman cum Managing Director, Tamilnadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.
2.The Chief Engineer (Personal), Tamilnadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.
3.The Chief Engineer/Distribution Tamilnadu Generation and Distribution Corporation Limited, Chennai Region/North, 144, Anna Salai, Chennai 600 002.
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