Writ petition challenged a charge memo and cancellation of appointment as Assistant Engineer (Electrical) in TANGEDCO. The court found an appeal was pending before the appellate authority, directed it to dispose of the appeal on merits within twelve weeks after hearing, and dismissed the petition.
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W.P.No.6914 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :18.03.2024
CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.6914 of 2024
W.M.P.Nos.7706 & 7707 of 2024
P.Kandasamy
...Petitioner
-Vs-
Corporation Ltd., (TANGEDCO Ltd.)
rep. By its Chairman cum Managing Director No.144, Anna Salai, Chennai – 2
E.V.N.Road, Erode – 9.
...Respondents
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W.P.No.6914 of 2024
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the 2 nd and 3 rd respondents in connection with the charge memo issued bythe 3rd respondent vide Ku.Yen.017680/1029/Ni.Pi.2/UDAVI.1/KO.O.N/202043 dated 07.10.2021 (Memo No.017680/1029/Adm.2/Asst.1/F.DP/2020-43, dated 07.10.2021) and the cancellation of appointment order issued by the 2nd respondent vide Memo No.16306/G17/G172/2023, dated 05.08.2023 and quash the same and direct the respondent to permit the petitioner to join as Assistant Engineers (Electrical) in the allotted place, award cost.
For petitioner : Mr.R.Muralikrishnan For respondents 1 to 3 : Mr.K.Rajkumar Standing Counsel
ORDER
This writ petition has been filed challenging the charge memo
issued by the 3 rd respondent vide
Ku.Yen.017680/1029/Ni.Pi.2/UDAVI.1/KO.O.N/2020-43 dated 07.10.2021 (Memo No.017680/1029/Adm.2/Asst.1/F.DP/2020-43, dated 07.10.2021) and the cancellation of appointment order issued by the 2 nd respondent vide Memo No.16306/G17/G172/2023, dated 05.08.2023 and quash the same and direct the respondent to permit the petitioner to join as Assistant Engineers (Electrical) in the allotted place, award cost.
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W.P.No.6914 of 2024
2. On perusal of the records revealed that already the petitioner
preferred appeal as against the impugned order before the first respondent on 12.01.2024 and the same was pending. Therefore, the petitioner cannot
seek simultaneous remedy before the Appellate Authority as well as before this Court.
3. Therefore, this court directed the first respondent to consider the appeal filed by the petitioner dated 12.01.2024 and after giving opportunity for hearing to the petitioner and dispose the same on merits in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.
4. This writ petition is devoid of merits and liable to be dismissed.
Accordingly, this Writ petition is dismissed. Consequently, connected
miscellaneous petitions are closed. No costs.
18.03.2024
Index : Yes/No Speaking/Non-speaking order Neutral Citation : Yes/No gvn
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W.P.No.6914 of 2024
G.K.ILANTHIRAIYAN,J.
gvn
To
W.P.No.6914 of 2024
18.03.2024
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1 issue framed by the court
Whether the writ petition challenging the charge memo and cancellation of appointment order was maintainable when an appeal was already pending before the appellate authority.
1 provisions across 1 enactments
P.Kandasamy
Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO Ltd.)
The Chief Engineer/Personnel Tamil Nadu Generation and Distribution Corporation Ltd.
The Chief Engineer Distribution Tamil Nadu Generation and Distribution Corporation Ltd.
N.Rajesh
G.K.Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
