P. Ganesan, v. Tamil Nadu Electricity Board
Case brief
What is this about?
The single-judge bench observed that the petitioner retired from service on 31.05.2017 without conditions. Consequently, the court held that the writ petition raised questions that no longer arose to be answered and ordered the closure of the petition and the connected miscellaneous petition.
What did the court decide?
The writ petition and connected miscellaneous petition were closed. No costs were awarded to either side.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2019
CORAM
THE HONOURABLE MR. JUSTICE M. DURAISWAMY
W.P.No.10605 of 2005 and W.M.P.No.11511 of 2005
P. Ganesan ... Petitioner
Vs.
- Tamil Nadu Electricity Board,
Rep. By its Superintending Engineer, Gudiyatham, Vellore District.
- The Enquiry Officer, Executive Engineer/Operation and Maintenance, Tamil Nadu Electricity Board, Tirupathur. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration declaring that the order of the 2nd respondent dated 11.01.2005 recorded in the Enquiry Proceedings that the petitioner is not entitled to the assistance of Union Representative in the domestic enquiry held in respect of charge sheet dated 29.09.2004 bearing No.K.N.8524/N.P.3/N.U.2/K.O.N./2004-1 as illegal and consequently direct the respondents to allow the petitioner to be represented by a Union Representative of his choice as per his letter dated 11.01.2005 and 14.03.2005 in the domestic enquiry held in respect of charge sheet dated 29.09.2004 bearing No.K.N.8524/N.P.3/N.U.2/K.O.N./2004-1.
Issues for consideration
2 issues framed by the court
Whether a writ petition seeking declaration of illegality in an enquiry order can persist when the petitioner has retired from service.
Whether the High Court should continue proceedings in a writ petition filed by a retired employee.
Parties & counsel
- petitioner
P. Ganesan
- respondent
Tamil Nadu Electricity Board
Coram
M. Duraismay
Case details
As recorded by the court registry
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