Madras High Court
S.P.R.Illamparuthi vs Tamilnadu Generation And ... on 8 February, 2021
W.A.No.379 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.379 of 2021
S.P.R.Illamparuthi .. Appellant
Vs.
1. Tamilnadu Generation and Distribution
Corporation Limited (TANGEDCO)
rep. by its Secretary
144, Anna Salai
Chennai – 600 002.
2. The Superintending Engineer
Chennai Electricity Distribution Circle (North)
144, Anna Salai
Chennai – 600 002. .. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the order
dated 8.2.2019 made in W.P.No.3141 of 2018.
For Appellant : Mr.S.Mahesh Kumar
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W.A.No.379 of 2021
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
The order impugned dated February 8, 2019 is passed on a
writ petition questioning the very propriety of the institution of
disciplinary proceedings against the writ petitioner and the
continuation thereof beyond the petitioner's date of superannuation.
2. The writ petitioner-appellant has not been able to
demonstrate any categorical rule that prohibits the continuation of
the proceedings against the petitioner after his retirement.
Ordinarily, the master-servant relationship is severed upon the
retirement of an employee, but when a charge pertaining to moral
turpitude has been brought prior to the retirement, such a
disciplinary charge can continue beyond the date of superannuation,
unless the rules provide otherwise.
3. In the present case, the appellant was the Inquiry Officer in
disciplinary proceedings instituted against another employee. The
employer was dissatisfied with the inquiry report to such extent that
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W.A.No.379 of 2021
the employer perceived the inquiry report to have been made on
extraneous considerations and initiated disciplinary action against
the appellant who had discharged the role of the Inquiry Officer in
the other departmental proceedings. Such a charge can be seen to
be one pertaining to moral turpitude and unless there is a specific
bar, such departmental action can, ordinarily, be continued even
after the employee has retired.
4. At any rate, the departmental proceedings have not
attained finality. Thus, it is open to the appellant herein to urge
whatever grounds may be available to the appellant before the
domestic forum. The proclivity on the part of employees to rush to
the Writ Court ahead of the conclusion of the disciplinary
proceedings against them cannot be appreciated. Such premature
litigation has to be discouraged.
5. Accordingly, the judgment and order impugned cannot be
faulted for letting the appellant work out his remedies in the
domestic forum before approaching the Writ Court upon all
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W.A.No.379 of 2021
remedies being exhausted.
W.A.No.379 of 2021 is dismissed. There will be no order as to
costs. The observations here and in the order impugned should not
prejudice the appellant herein in course of the domestic
proceedings. No costs. C.M.P.No.1523 of 2021 is closed.
(S.B., CJ.) (S.K.R., J.)
08.02.2021
Index : No
sasi
To:
1. The Secretary
Tamilnadu Generation and Distribution
Corporation Limited (TANGEDCO)
144, Anna Salai
Chennai – 600 002.
2. The Superintending Engineer
Chennai Electricity Distribution Circle (North)
144, Anna Salai
Chennai – 600 002.
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https://www.mhc.tn.gov.in/judis/
W.A.No.379 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
(sasi)
W.A.No.379 of 2021
08.02.2021
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https://www.mhc.tn.gov.in/judis/
