Madras High Court
K.Manickam vs The Chairman on 25 March, 2022
W.P.No.2544 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.2544 of 2022
and WMP.Nos.2679 & 2680 of 2022
K.Manickam .. Petitioner
vs.
1.The Chairman,
Tamil Nadu Generation and Distribution
Corporation Ltd.,
Nadippisai Pulavar K.R.Ramasamy Building,
No.144, Anna Salai,
Chennai-600 002.
2.The Chief Engineer, Personnel,
Tamil Nadu Generation and Distribution
Corporation Ltd.,
Nadippisai Pulavar K.R.Ramasamy Building,
No.144, Anna Salai, Chennai-600 002.
3.The Chief Engineer, Distribution,
Trichy Region,
Tamil Nadu Generation and Distribution
Corporation Ltd.,
Thennur, Trichy.
4.The Superintending Engineer,
Perambalur Electricity Distribution Circle,
Tamil Nadu Generation and Distribution
Corporation Ltd., Perambalur. .. Respondents
https://www.mhc.tn.gov.in/judis
1
W.P.No.2544 of 2022
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus to call for the
records culminating in the impugned Suspension Order dated 31.12.2019
bearing Memo No.019192/1513/Adm.B/B1/F.DVAC Suspension / 2019
issued by the 3rd respondent and quash the same and direct the respondents to
reinstate the petitioner in service with all benefits including continuity of
service.
For Petitioner : Mr.A.Sathasivam.
For Respondents : Mr.P.Subramanian,
Standing Counsel for TNEB
ORDER
By consent, this Writ Petition is taken up for final disposal. The
petitioner, challenging the impugned suspension order passed by the third
respondent dated 31.12.2019, has filed the present writ petition.
2. The case of the petitioner is that he was placed under suspension,
vide proceedings of the third respondent dated 31.12.2019 on the ground of
arrest by the Deputy Superintendent of Police, Vigilance & Anti-Corruption,
Ariyalur, I/c Perambalur, between 16.15 hrs and 16.25 hrs on 26.12.2019 at
the office of the Assistant Executive Engineer / O&M/TANGEDCO/
Perambalur and registration of Criminal Case in Cr.No.04/2019 under
Section 7 of the Prevention of Corruption Act, 1988 for demand and
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W.P.No.2544 of 2022
acceptance of bribe of Rs.1,000/-. Challenging the same, the petitioner has
filed the present writ petition.
3. The learned counsel for the petitioner submits that the petitioner has
also submitted a representation to the respondents for revocation of the order
of suspension and it is still pending and the criminal case in Spl.C.C.No.2 of
2022 is pending on the file of the Chief Judicial Magistrate, Perambalur and
appropriate orders may be passed for expeditiously disposal of the criminal
case.
4. On a reference made to the two conflicting judgments rendered by
the Division Benches of this Court on a challenge to the order of suspension,
Hon'ble Full Bench of this Court in W.P.Nos.2165 of 2015 and 21628 of
2018 dated 15.03.2022, has answered as under:
(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.
https://www.mhc.tn.gov.in/judis
W.P.No.2544 of 2022
(ii) The judgment in R.Balaji, 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-sheet.
5. The learned Standing Counsel for the respondents submitted that the
representation submitted by the petitioner for revocation of the suspension
order will be considered by the authorities concerned.
6. In view of the above, this Court directs the third respondent to
consider the petitioner's representation seeking revocation of the suspension
order and pass orders on merits and in accordance with law within a period of
eight weeks from the date of receipt of a copy of this order. The learned
Chief Judicial Magistrate, Perambalur is also directed to expedite the trial in
Spl.C.C.No.2/2022 pending on its file and conclude the same, as
expeditiously as possible.
https://www.mhc.tn.gov.in/judis
W.P.No.2544 of 2022
7. With the above direction, this Writ Petition stands disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
25.03.2022
Index : Yes / No
Internet : Yes / No
Jvm
To
1.The Chairman,
Tamil Nadu Generation and Distribution
Corporation Ltd.,
Nadippisai Pulavar K.R.Ramasamy Building,
No.144, Anna Salai, Chennai-600 002.
2.The Chief Engineer, Personnel,
Tamil Nadu Generation and Distribution Corporation Ltd.,
Nadippisai Pulavar K.R.Ramasamy Building,
No.144, Anna Salai, Chennai-600 002.
3.The Chief Engineer, Distribution Trichy Region,
Tamil Nadu Generation and Distribution Corporation Ltd.,
Thennur, Trichy.
4.The Superintending Engineer,
Perambalur Electricity Distribution Circle,
Tamil Nadu Generation and Distribution
Corporation Ltd., Perambalur.
Copy to:
The Chief Judicial Magistrate,
Perambalur.
https://www.mhc.tn.gov.in/judis
W.P.No.2544 of 2022
D.KRISHNAKUMAR. J
Jvm
W.P.No.2544 of 2022
25.03.2022
https://www.mhc.tn.gov.in/judis
