Dismissed

The Executive Engineer v. G. Nagarajan, Assessor

Madras HC4 Jul 2017WA(MD)/632/2017

Case brief

AI extract

What is this about?

Writ Appeal dismissed. Bench noted that the lower court had set aside suspension and directed reinstatement with benefits due to commencement of criminal proceedings. As disciplinary proceedings were not initiated before the order, respondent acquitted, and he was already reappointed, no interference warranted.

What did the court decide?

Writ Appeal dismissed; consequential connected Miscellaneous petition closed.

The Executive Engineer Vs G. Nagarajan, Assessor — Service and Employment | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2017 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.A.(MD)No.632 of 2017 and C.M.P(MD) No.5446 of 2017

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The Executive Engineer, (O&M/Urban/Trichy) Office of the Executive Engineer, (TNEB) Tamil Nadu Generation & Distribution, Corporation Ltd., Thennoor, Trichy. ..Appellant/Respondent

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Vs.

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G.Nagarajan, Assessor, O/o. The Assistant Engineer (O&M) S/o.Govindhasamy, 3/101, Meyyampatti, Kottaiyoor Post, Thuraiyoor Taluk, Trichy. ..Respondent/Petitioner

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PRAYER: Writ Appeal is filed under clause 15 of Letter Patent Act, to set aside the order passed in W.P.(MD)No.1809 of 2011 dated 05.02.2014.

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Prayer in WP(MD). 1809/ 2011 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARI, calling for the records pertaining to the Order passed by the Respondent dated 29-01-2011 in Memo No.EE/O&M/U/Try/Adm/A1/F.Suspension/D.40/2011, quash the same.

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For petitioner : Mr.M.Balasubramanian For respondent : Mr.D.Sivaraman

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O R D E R ***********

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[Order of the Court was made by K.K.SASIDHARAN, J. ]

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The appellant suspended the respondent on account of his involvement in a Criminal case registered by the Vigilance and Anti Corruption Department. The learned Judge set aside the order and directed his reinstatement with all service and monetary https://hcservices.ecourts.gov.in/hcservices/ benefits. The said order is under challenge at the instance of the Management after a period of three years and four months.

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The learned counsel for the appellant fairly admitted that till today disciplinary proceedings has not been initiated against the respondent.

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According to the learned counsel for the appellant, pursuant to the order dated 05.02.2014, the appellant reinstated the respondent into service and he has also been paid all the service and monetary benefits. The learned Counsel submitted that the respondent is now working in the Department. The respondent has already been acquitted by the Criminal Court.

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The order in question was passed on 05.02.2014. Till today the appellant has not initiated disciplinary proceedings against the respondent. The respondent has already been reinstated. Such being the factual position, there is no question of upsetting the order passed by the Writ Court after a period of three years and four months. We are therefore of the view that the order under challenge does not require any interference.

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5.In the upshot, we dismiss the Writ Appeal. No Costs. Consequently, connected Miscellaneous petition is closed. Sd /-

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ASSISTANT REGISTRAR(CS-III)

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/TRUE COPY/

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SUB ASSISTANT REGISTRAR

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To:

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The Executive Engineer, (O&M/Urban/Trichy) Office of the Executive Engineer, (TNEB) Tamil Nadu Generation & Distribution, Corporation Ltd., Thennoor, Trichy.

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+1 CC TO MR.M.BALA SUBRAMANIAN, ADVOCATE,SR NO.63522

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+1 CC TO MR.D.SIVARAMAN, ADVOCATE,SR NO.63545

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rj2/rm MAS/MR-KKR/SAR1:08.07.2017:2P-4C

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JUDGMENT MADE IN W.A(MD)Nos.632 of 2017 04.07.2017

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https://hcservices.ecourts.gov.in/hcservices/

The Executive Engineer v. G. Nagarajan, Assessor

Case brief

What is this about?

What did the court decide?

The Executive Engineer v. G. Nagarajan, Assessor

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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