Madras High Court
K. Sampath Kumar vs The Chairman on 13 April, 2022
W.P.No.25120 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.25120 of 2021
K. Sampath Kumar ... Petitioner
vs.
1. The Chairman
Tamil Nadu Generation and Distribution
Corporation Ltd., (TANGEDCO)
NPKRR Maaligai,
144, Anna Salai,
Chennai – 600 002.
2. The Chief Engineer,
Chennai Region-South,
Tamil Nadu Generation and Distribution
Corporation Ltd., (TANGEDCO)
NPKRR Maaligai,
144, Anna Salai,
Chennai – 600 002.
3. The Superintending Engineer,
CEDC (South-I),
110/33 KVSS Complex,
K.K.Nagar, Chennai – 600 078. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus, directing the Respondents to
consider the representation of the Petitioner dated 29.09.2021 and take
appropriate steps to regularise the period of his suspension from 19.08.2009
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.25120 of 2021
to 04.10.2019 as duty with pay for all purposes and with all monetary and
other consequential benefits in accordance with Ruling No.9 read with Rule
57(B) of the Tamil Nadu Electricity Board Service Regulations within a
specified time frame as may be fixed by this Court.
For Petitioner : Mr.N.S.Amogh Simha
For Respondents : Mr.P.Subramanian
Standing Counsel
ORDER
This writ petition has been filed seeking to issue a Writ of Mandamus,
directing the respondents to consider the representation of the petitioner
dated 29.09.2021 and to take appropriate steps to regularise the period of his
suspension from 19.08.2009 to 04.10.2019 as duty with pay for all purposes
and with all monetary and other consequential benefits in accordance with
Ruling No.9 read with Rule 57(B) of the Tamil Nadu Electricity Board
Service Regulations within a specified time frame as may be fixed by this
Court.
2. According to the petitioner, while the petitioner was working as
Commercial Inspector in the Kumananchavadi office of the respondents, a
complaint was given by one A.Sasikumar before the Deputy Superintendent
of Police, Vigilance and Anti-Corruption, Special Investigation Cell, Chennai
https://www.mhc.tn.gov.in/judis
W.P.No.25120 of 2021
as against the petitioner for alleging that he has received an illegal
gratification of Rs.3,000/- during the course of his official duty. On the same
day, the First Information Report was lodged and the Deputy Superintendent
of Police, Vigilance and Anti-Corruption, Special Investigation Cell, Chennai
has filed a charge sheet for the offences under Sections 7, 13(2) and 13(1)(d)
of the Prevention of Corruption Act, 1988. While, pending the said criminal
complaint, the petitioner was placed under suspension by the 3rd respondent
by Memo No.015973/453/Adm 1/A4/F/DVAC-Sus/2009 dated 21.08.2009.
Thereafter, the said case was assigned in Special Case No.8/2011 on the file
of the learned Special Judge/Chief Judicial Magistrate, Tiruvallur. By the
judgment dated 27.09.2021, the petitioner was acquitted from the aforesaid
criminal case. Therefore, the petitioner made a representation dated
29.09.2021 to the 3rd respondent to regularise the suspension period with all
consequential monetary benefits and other benefits from the date of
suspension till date as per Ruling No.9 under Rule 57-B of the Tamil Nadu
Electricity Board Service Regulations. But the 3rd respondent has not
considered the said representation of the petitioner. Hence, he filed the
instant writ petition before this Court.
3. The learned Standing Counsel appearing for the respondents would
https://www.mhc.tn.gov.in/judis
W.P.No.25120 of 2021
submit that the petitioner's representation dated 29.09.2021 would be
considered by the authority concerned in accordance with the aforesaid
regulations.
4. In the light of the above submissions made by the parties, this Court
is inclined to direct the 3rd respondent to consider the petitioner's
representation dated 29.09.2021 and pass appropriate orders in accordance
with law, as expeditiously as possible, within a period of twelve weeks from
the date of receipt of a copy of this order.
5. With the above direction, the writ petition is disposed of. No costs.
13.04.2022
Index : Yes / No
Internet : Yes / No
dm
https://www.mhc.tn.gov.in/judis
W.P.No.25120 of 2021
To
1. The Chairman
Tamil Nadu Generation and Distribution
Corporation Ltd., (TANGEDCO)
NPKRR Maaligai,
144, Anna Salai,
Chennai – 600 002.
2. The Chief Engineer,
Chennai Region-South,
Tamil Nadu Generation and Distribution
Corporation Ltd., (TANGEDCO)
NPKRR Maaligai,
144, Anna Salai,
Chennai – 600 002.
3. The Superintending Engineer,
CEDC (South-I),
110/33 KVSS Complex,
K.K.Nagar, Chennai – 600 078.
https://www.mhc.tn.gov.in/judis
W.P.No.25120 of 2021
D.KRISHNAKUMAR. J
dm
W.P.No.25120 of 2021
13.04.2022
https://www.mhc.tn.gov.in/judis
