Madras High Court
J.Kumar vs The Chairman-Cum-Managing Director on 16 April, 2025
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P.No.34582 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2025
CORAM
THE HONOURABLE Mr. JUSTICE C.V.KARTHIKEYAN
W.P.No.34582 of 2024
AND
W.M.P.Nos.37506 & 37507 of 2024
J.Kumar ... Petitioner
Vs
1.The Chairman-cum-Managing Director
The Tamil Nadu Generation and Distribution Corporation Ltd.
(TANGEDCO)
No.144, Anna Salai, Chennai 600 002
2.The Chief Engineer (Personnel)
The Tamil Nadu Generation and Distribution Corporation Ltd.
(TANGEDCO)
No.144, Anna Salai, Chennai 600 002
3.The Superintending Engineer
Kallakurichi Electricity Distribution Circle
The Tamil Nadu Generation and Distribution Corporation Ltd.
(TANGEDCO) Kallakurichi ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for
issuance of a writ of certiorari calling for the entire records relating to the
impugned charge memorandum passed by the 3rd respondent in his proceedings
vide No.Ku.AA.No.1787/730/MePo/KaMiPaVa/Kallai/Ni.A/Ni.Pi.II/Assistant 3/
Ko.O.Na/2024 dated 29.10.2024 and quash the same.
1/6
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W.P.No.34582 of 2024
For Petitioner : Ms.R.Hemalatha
For Respondents : Mr.C.Manoharan
Standing Counsel
ORDER
This writ petition has been filed in the nature of a certiorari seeking records
relating to a charge memo issued by the 3rd respondent in proceedings dated
29.10.2024 and to quash the same.
2. In the affidavit filed in support of the writ petition, it had been contended
that the writ petitioner had been initially appointed as Helper under the respondent
Corporation in the year 1987 and subsequently, granted further promotions and
finally, was working as Foreman Grade-I in the office of the Assistant Engineer
(Electricity Board), Asanur Village, Ulundurpet Taluk. At that time, it was
contended that the petitioner had demanded a bribe amount and had also accepted
the same. Consequent to this allegation, FIR in crime No.11/2009 had been
registered by the Deputy Superintendent of Police, Vigilance & Anti-Corruption,
Villupuram for the offences punishable under Sections 7, 13(2), 13(1)(d) of the
Prevention of Corruption Act, 1988.
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3. The learned counsel for the petitioner stated that after trial in Special
Case No.24/2014, the petitioner was convicted and he was terminated from service
on 08.02.2019. The petitioner, however, filed Crl.A.No.679 of 2018 and a learned
Single Judge of this Court, by judgment dated 19.05.2023, had set aside the
conviction and sentence and acquitted the petitioner of all charges. The
respondents, then, commenced the proceedings of the departmental enquiry and
issued a charge memo, which is now questioned in the writ petition.
4. The learned Standing Counsel for the respondents stated that an Inquiry
Officer had now been appointed.
5. It is only appropriate that the petitioner participates in the inquiry. The
manner in which the evidence is appreciated during criminal trial and during
inquiry are different. While in the criminal trial, proof beyond reasonable doubt is
examined, in an inquiry, preponderance of probability alone is the factor to be
examined.
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6. Be that as it may, the learned counsel for the petitioner stated that the
petitioner would certainly co-operate during the inquiry proceedings. It is,
however, contended that the petitioner is to retire on attaining the age of
superannuation on 31.05.2025. It is, therefore, only appropriate that the inquiry is
completed within that particular date. A direction is given to the respondent to
marshall the available witnesses and examine them and an obligation is placed on
the petitioner to co-operate effectively without seeking any adjournments. The
inqiury may be completed on or before 20.05.2025 and an order may also be
passed on the findings of the Inquiry Officer on or before 31.05.2025.
Holding as above, this writ petition stands disposed of. No costs.
Connected W.M.Ps. are closed.
16.04.2025
gya
Index : Yes/No
Neutral Citation : Yes/No
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To
1.The Chairman-cum-Managing Director
The Tamil Nadu Generation and Distribution Corporation Ltd.
(TANGEDCO)
2.The Chief Engineer (Personnel)
The Tamil Nadu Generation and Distribution Corporation Ltd.
(TANGEDCO)
3.The Superintending Engineer
Kallakurichi Electricity Distribution Circle
The Tamil Nadu Generation and Distribution Corporation Ltd.
(TANGEDCO) Kallakurichi
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C.V.KARTHIKEYAN, J.
gya
16.04.2025
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