V.Muthukrishnan vs The Chief Engineer ...
2023 Latest Caselaw 5820 Mad

                                                                                   W.A.(MD)No.1181 of 2013


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                        DATED : 08.06.2023

                                                             CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
                                                               AND
                             THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

                                                      W.A.(MD)No.1181 of 2013
                                                              and
                                                       M.P.(MD)No.1 of 2013

                     V.Muthukrishnan                                     ... Appellant / Petitioner
                                                                   Vs.


                     1.The Chief Engineer (Distribution),
                        Tamil Nadu General and Distribution
                                  Corporation Ltd., Tirunelveli.


                     2.The Superintending Engineer,
                        Tamil Nadu General and Distribution
                                  Corporation Ltd.,
                        Virudhunagar Electricity Distribution Circle,
                        Virudhungar.


                     3.M.G.Vajravelu


                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                         W.A.(MD)No.1181 of 2013


                     4.The Executive Engineer (Distribution),
                        Enquiry Officer, Tamil Nadu General and Distribution
                                  Corporation Ltd., Srivilliputtur.        ... Respondents / Respondents




                     PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this
                     Court to set aside the order dated 12.08.2013 made in W.P.(MD)No.13239
                     of 2013 on the file of this Court.


                                               For Appellant      : No Appearance
                                               For Respondents : Mr.S.Arivalagan,
                                                                      Standing Counsel

                                                           JUDGMENT

(Judgment of the Court was delivered by R.SURESH KUMAR, J.)

This Writ Appeal is directed against the order passed by the Writ

Court dated 12.08.2013 made in W.P.(MD)No.13239 of 2013.

2.Before the Writ Court, the appellant / writ petitioner challenged

the charge memorandum dated 26.04.2013 issued by the 1st respondent. The

said Writ Petition was dismissed by order dated 12.08.2013. Against which

this intra-court appeal has been filed.

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1181 of 2013

3.Today, when the matter is taken up for hearing, the learned

Standing Counsel for the respondent TANGEDCO, on instructions, would

submit that during the pendency of this Writ Appeal for nearly about 10

years, enquiry went on on the impugned charge memo and ultimately, the

enquiry officer found that the charge framed against the appellant /

petitioner had not been proved. Accepting the enquiry officer's report, the

disciplinary authority had dropped the disciplinary proceedings initiated

against the appellant employee.

4.The said submission made by the learned Standing Counsel for

the respondent is taken on record, which cannot be controverted by the

learned counsel appearing for the appellant / writ petitioner.

5.In view of the same, since the very charge has been enquired

and ultimately, found that the charge had not been proved and the

disciplinary proceedings initiated against the appellant / employee was

dropped, nothing would survive to be adjudicated in this case further.

Therefore, recording the aforestated development, we feel that this Writ

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1181 of 2013

Appeal can be disposed of, accordingly, it is disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

                                                          (R.S.K., J.) & (K.K.R.K, J.)
                                                                   08.06.2023
                     NCC      : Yes / No
                     Index : Yes / No
                     Internet : Yes / No

                     MYR







https://www.mhc.tn.gov.in/judis
                                         W.A.(MD)No.1181 of 2013




                                    R.SURESH KUMAR, J.
                                                         AND
                                  K.K.RAMAKRISHNAN, J.
                                                         MYR




                                  W.A.(MD)No.1181 of 2013




                                                  08.06.2023







https://www.mhc.tn.gov.in/judis