Madras High Court
G.Ponnu Pandy vs The Chief Engineer (Distribution) on 20 March, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
W.A.(MD)No.98 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.03.2025
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.A.(MD)No.98 of 2022 and
C.M.P(MD)No.1028 of 2022
G.Ponnu Pandy ... Appellant/ petitioner
-vs-
1. The Chief Engineer (Distribution),
TANGEDCO,
Madurai Division,
Madurai – 625 007.
2. The Superintending Engineer (Distribution),
TANGEDCO,
Dindigul Distribution Circle,
Dindigul. ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act praying this
Court to set aside the order of this Court made in W.P(MD)No.22312 of 2015,
dated 23.11.2021.
For Petitioner : Mr.H.Mohammed Imran
For Respondents : Mr.B.Ramanathan
Page 1 of 6
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W.A.(MD)No.98 of 2022
Additional Government Pleader
JUDGMENT
(Judgment of the Court was made by Dr.G.JAYACHANDRAN, J.)
Aggrieved by the order passed by the learned Single Judge in
W.P.(MD).No.22312 of 2015 dated 23.11.2021, the present intra-Court appeal
is preferred by a delinquent employed under the TANGEDCO, who had been
found guilty of grave misconduct.
2. The contention of the appellant that he was not given adequate
opportunities in the enquiry proceedings, was not found to be correct and the
learned Single Judge after considering the merits of the case had modified the
punishment into stoppage of increment for a period of two years without
cumulative effect.
3. The learned Single Judge has taken into account that the delinquent
has already attained superannuation and therefore, the said modification in the
punishment is required. The writ appeal is filed challenging the said order on
the ground that the enquiry officer failed to consider the explanation in proper
perspective and findings of the appellate authority without assigning reason
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ought to have been interfered into and the learned Single Judge should have to
set aside the punishment instead of modifying the same.
4. The Additional Government Pleader appearing for the respondents
submit that records has been placed during enquiry proceedings to prove the
charges. The delinquent did not participate in the hearing deliberately. Only
after examining the witnesses and perusing the records, the order of stoppage of
two increments without cumulative effect was imposed by the learned Judge.
5. Heard the learned counsel on either side and perused the material
records.
6. The learned Single Judge considering the fact that the delinquent has
attained superannuation, modified the order with the stoppage of two
increments without cumulative effect. Perusal of the records and the order
impugned, this court finds that the enquiry officer and the appellate authority
were the facts finding authorities and they had found the charges against the
delinquent proved. The contention that no opportunity was given to the
appellant and the order of the appellate authority is cryptic been considered by
the learned Single Judge and thought fit that though those contentions are
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baseless the punishment imposed requires modification to the stoppage of
increments without cumulative effect, this Court finds no reason or justification
to interfere the order of the learned Single Judge in W.P(MD)No.22312 of
2015, dated 23.11.2021. Hence, the writ appeal is dismissed. Consequently,
connected miscellaneous petition is closed.
[G.J., J.] [R.P., J.]
20.03.2025
NCC :yes/No
Index :yes/No
Internet:yes/No
rgm
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To
1. The Chief Engineer (Distribution),
TANGEDCO,
Madurai Division,
Madurai – 625 007.
2. The Superintending Engineer (Distribution),
TANGEDCO,
Dindigul Distribution Circle,
Dindigul.
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DR.G.JAYACHANDRAN, J.
and
R.POORNIMA, J.
rgm
and
20.03.2025
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