Allowed

A.Karthikeyan v. Tamilnadu Generation and

Madras HC16 Feb 2024WP/27204/2017

Case brief

AI extract

What is this about?

Writ petition challenging a show cause notice issued by the Superintending Engineer to an employee of the electricity board for major penalty proceedings. The court held the notice was issued without jurisdiction since only the Chief Engineer was competent, set it aside, and closed miscellaneous petitions without costs.

What did the court decide?

Impugned show cause notice dated 12.07.2017 set aside; connected miscellaneous petitions closed; no costs.

A.Karthikeyan Vs Tamilnadu Generation and — Service and Employment | Madras HC (2024)

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W.P.No. 27204 of 2017

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.02.2024

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CORAM

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THE HONOURABLE MR.JUSTICE BATTU DEVANAND

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W.P.No. 27204 of 2017

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and W.M.P.Nos. 29074 of 2017 & 35799 of 2019

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A. Karthikeyan ... Petitioner

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Vs.

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1.Tamilnadu Generation and Distribution Corporation Ltd., rep., by its Chairman and Managing Director, 144, Anna Salai, Chennai – 2.

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2.The Chief Engineer (Personnel) Tamilnadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai – 2.

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3.The Chief Engineer (Distribution) Tamilnadu Generation and Distribution Corporation Ltd., Chennai Region (North) 144, Anna Salai, Chennai – 2.

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4.The Superintending Engineer,

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Chennai Electricity Distribution Circle (West) Tamilnadu Generation and Distribution Corporation Ltd., 110 KV Thirumangalam SS Complex, Anna Nagar (West), Chennai – 600 040.

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https://www.mhc.tn.gov.in/judis

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W.P.No. 27204 of 2017

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5.The Superintending Engineer Chennai Electricity Distribution Circle (Central) Tamilnadu Generation and Distribution Corporation Ltd.,

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110 KV, Valluvarkottam S.S. Complex, Chennai – 600 034. ... Respondents

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Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records pertaining to the order dated 12.07.2017 issued by the fourth respondent in Memo No. 004983/SE/CEDC/W/Admo.O/Adm.II/AI /FDP/2017 served to the petitioner on 12.10.2017, quash the same, award costs and thus render justice.

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For Petitioner : Mr. V. Ajoy Khose

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For Respondents : Mr. David Sunder Singh, Standing Counsel

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O R D E R

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This Writ Petition has been filed against the impugned show cause notice dated 12.07.2017.

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2 . Heard, the learned counsel for the petitioner and the learned Standing

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Counsel for the respondents and perused the record.

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3 . Learned counsel for the petitioner contends that the impugned order is

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issued by the fourth respondent who is the Superintending Engineer. The Chief Engineer is the Competent Authority to issue show cause notice. As such, the fourth

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https://www.mhc.tn.gov.in/judis

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W.P.No. 27204 of 2017

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respondent without having any authority issued the impugned show cause notice. The learned counsel further contends that for imposing major penalty against the Class I employee, the Disciplinary Authority is the Chief Engineer and the Appellate Authority is the Chairman. Admittedly, in the present case, the Superintending Engineer issued the show cause notice without any jurisdiction.

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4 . Accordingly, in the considered opinion of this Court, the show cause notice dated 12.07.2017 impugned in this writ petition is unsustainable under law. Accordingly, this Writ Petition is allowed and the impugned notice dated 12.07.2017 is hereby set aside.

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5 . Consequently, connected miscellaneous petitions are closed. No costs.

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16.02.2024

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Index :Yes/No Neutral Citation :Yes/No AT

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To 1.The Chairman, Tamilnadu Generation and Distribution Corporation Ltd., and Managing Director, 144, Anna Salai, Chennai – 2.

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2.The Chief Engineer (Personnel) Tamilnadu Generation and Distribution Corporation Ltd.,

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https://www.mhc.tn.gov.in/judis

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W.P.No. 27204 of 2017

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144, Anna Salai, Chennai – 2.

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https://www.mhc.tn.gov.in/judis

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W.P.No. 27204 of 2017

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3.The Chief Engineer (Distribution) Tamilnadu Generation and Distribution Corporation Ltd., Chennai Region (North) 144, Anna Salai, Chennai – 2.

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4.The Superintending Engineer, Chennai Electricity Distribution Circle (West) Tamilnadu Generation and Distribution Corporation Ltd., 110 KV Thirumangalam SS Complex, Anna Nagar (West), Chennai – 600 040.

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5.The Superintending Engineer Chennai Electricity Distribution Circle (Central) Tamilnadu Generation and Distribution Corporation Ltd.,

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110 KV, Valluvarkottam S.S. Complex, Chennai – 600 034.

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https://www.mhc.tn.gov.in/judis

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W.P.No. 27204 of 2017

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BATTU DEVANAND, J.

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W.P.No. 27204 of 2017 and W.M.P.Nos. 29074 of 2017 & 35799 of 2019

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16.02.2024

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https://www.mhc.tn.gov.in/judis

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A.Karthikeyan v. Tamilnadu Generation and

Case brief

What is this about?

What did the court decide?

A.Karthikeyan v. Tamilnadu Generation and

Case brief

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