The petitioner challenged disciplinary proceedings for dismissal based on criminal conviction. The Court directed the petitioner to prefer an appeal before the Appellate Authority under TNEB D&A Regulations within one month, disposing of the writ petition with these directions.
Petitioner directed to file appeal within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.12306 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.12306 of 2021 and W.M.P.Nos.13087 & 13088 of 2021
C.Ragu
... Petitioner
Vs.
The Superintending Engineer, Dharmapuri Electricity Distribution Circle, Dharmapuri 5.
... Respondent
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the respondent relating to the proceeding Ku.No.1840-1/Nir.3/Oo.1/Ko.O.Na/2021 dated 30.04.2021 and quash the same.
For Petitioner : Mr.S.Balakrishnan for Mr.M.Ravi For Respondent : Mr.K.Rajkumar, Standing Counsel
O R D E R
This Writ Petition has been filed for quashment of the proceedings of
the respondent in Ku.No.1840-1/Nir.3/Oo.1/Ko.O.Na/2021 dated 30.04.2021.
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W.P.No.12306 of 2021
3.The learned counsel for the petitioner submitted that the petitioner was directly recruited as Technical Assistant in the year 1989 and thereafter, he was promoted as Junior Engineer Secondary Grade II on 11.09.1995 and later, promoted to the post of Junior Engineer Grade I on 26.11.2001. Thereafter, the petitioner was falsely implicated in a criminal case under DVAC Act and placed under suspension on 06.12.2008. He was continued under suspension for a period of 11 years in view of the pendency of the criminal trial and thereafter, the order of suspension was revoked and the petitioner re-joined the post of Junior Engineer. By an order dated 31.03.2021, the learned Special Judge/ Chief Judicial Magistrate, Dharmapuri, in Spl.C.C.No.04 of 2010 had passed an order of conviction against the petitioner and the 2nd accused. Against which, the petitioner and the 2nd accused had preferred a Criminal Appeal before this Court in Crl.A.No.213 of 2021 and the petitioner had also preferred a miscellaneous petition in Crl.M.P.No.5487 of 2021 for enlarging the petitioner by suspending the sentence imposed upon him in the said Criminal Appeal. This
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W.P.No.12306 of 2021
Court had also suspended the sentences and enlarged the petitioner on bail on usual conditions which were duly complied. This Court while deciding the Criminal Appeal had pre-judged the issue on the basis of conviction itself that he is liable for imposition of the specified penalty of dismissal from service out of the four major penalties as provided under the TNEB(D&A) Regulations. In this regard, the respondent had raised his findings on the basis of Board Memo No.057541/DP6/A1/9131 Admin.BR dated 16.09.1995 and proceedings initiated under Rule 8(c)(1) of TNEB D & A Regulations. As per the Rule 8(c)(1) of TNEB D & A Regulations, it would be clear that an order of imposition of penalty is not automatic and cannot be imposed directly on the basis of the conviction against the employee. On the other hand, it is duty bound on the part of the Appointing Authority/ Disciplinary Authority to apply his mind to the facts leading to such conviction to invoke 8(c)(1) of TNEB D&A Regulations. A copy of the impugned proceeding dated 30.04.2021 was only served on the petitioner on 19.05.2021. Though the petitioner had sought for extension of time for a period of 15 days on 23.05.2021, no order has been passed on the same. Hence, the petitioner filed the present petition seeking to quash the proceedings of the respondent dated 30.04.2021.
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W.P.No.12306 of 2021
submitted that as per Regulation 13 of the Tamil Nadu Electricity Board Employees' Discipline and Appeal Regulations, every person of the Board including a person, who is ceased to be in Board's service shall be entitled to appeal as herein after provided from an order passed by an authority imposing upon him any of the penalties specified in Regulation 5. Hence, the petitioner may file an appeal in accordance with law and seek remedy. In support of his contention, he also relied on the Regulations 14 to 16 of the Tamil Nadu Electricity Board Employees' Discipline and Appeal Regulations.
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W.P.No.12306 of 2021
18.09.2024
vkr Index : Yes / No Speaking order / Non-speaking order
To The Superintending Engineer, Dharmapuri Electricity Distribution Circle, Dharmapuri 5.
Page 5 of 6
W.P.No.12306 of 2021
VIVEK KUMAR SINGH, J.
vkr
W.P.No.12306 of 2021 and W.M.P.Nos.13087 & 13088 of 2021
18.09.2024
Page 6 of 6
2 issues framed by the court
Whether the Disciplinary Authority is bound to apply its mind to facts leading to conviction before imposing penalty under TNEB D&A Regulations?
Whether the petitioner is entitled to quash the disciplinary proceedings?
C.Ragu
The Superintending Engineer, Dharmapuri Electricity Distribution Circle, Dharmapuri
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
