J.v.Sivakumar Vs The Chief Engineer/Personnel

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Suspension Order in Memo. No.000756/056/SE/SEDC/Aado/ Adm.III/A.1/F.DP.Doc/2025 dated 05.02.2025 and consequential impugned rejection order in Ku.No.005644/ 0537/ MeaPo/ SiMiPaVa/ SiVa/ NiA/NeMea/ NiPi3/Oo1/Ko.Marai/ 2025 dated 20.11.2025, on the file of the 2nd Respondent and quash the same as illegal and consequently directing the Respondent No.2 to revoke the Suspension and reinstate the petitioner in any non-sensitive post of Junior Engineer I Grade at Sivagangai, in light of the guidelines issued under chapter II, Section 2(3) of Tamil Nadu Electricity Board Employees Discipline and Appeal Regulations, within the time stipulated by this Court.

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For Petitioner : Mr.I.Pinaygash For R1 & R2 : Mr.B.Ramanathan For R3 : Mr.Abul Kalam Azad Government Advocate (Crl.side)

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O R D E R

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The petitioner is working as a Junior Engineer, Grade I

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in the respondent TANGEDCO. He was arrested by the Vigilance and Anti Corruption Department on 03.02.2025 that he said to have

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received a sum of Rs.1,500/- as bribe from one Ramesh for name transfer of electricity service connection. The Vigilance and Anti Corruption Department ha s conducted a trap on 03.02.2025, arrested the petitioner along with the bribe amount and has also registered a case in Crime No.1 of 2025, for the offence under Section 7(b) of Prevention of Corruption Act, 1988. In view of the criminal case registered as against this petitioner, he was placed under suspension on 05.02.2025. The petitioner, with a grievance that he was placed under suspension for the past nine months, even then, the suspension order has not been reviewed as on date and therefore he prays this Court to direct the respondents to accommodate him in any non sensitive post.

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2.The learned counsel appearing for the petitioner submits that as per Chapter II Section 2(3) of Tamil Nadu Electricity Board Employees Discipline and Appeal Regulations, if any suspension order is passed, it has to be reviewed once in four months. In this case, though this petitioner is placed under 3/8

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suspension for the past nine months, the suspension order has not yet been reviewed so far.

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3.Mr.Ramanathan, learned Standing Counsel take notice

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for the respondent TANGEDCO and submits that they are awaiting reply from the Vigilance Department as the Vigilance Department has not concluded the investigation in Crime No. 1 of 2025. Depending upon their approval, they would proceed further.

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4.This Court considered the rival submissions made and

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also perused the materials placed on record.

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5.The suspended employee of TANGEDCO has

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approached this Court that the order of suspension, dated 05.02.2025

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has not been reviewed even after nine months of his suspension, on the ground that the investigation in Crime No.1 of 2025, which was registered as against him is pending. It is now reported that the respondent Department is awaiting to receive an approval from the

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Vigilance and Anti Corruption Department to proceed further.

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In view of the above, this writ petition is disposed of

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with the following directions:-

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i. This Court suo motu impleads the Deputy Superintendent of

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Police, Vigilance and Anti Corruption Department, Sivagangai, as a party to the proceedings.

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ii. Mr.Abul Kalam Azad, learned Government Advocate(Crl.side) is directed to take notice for the newly impleaded respondent.

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iii.The Vigilance and Anti Corruption Department is directed to conclude the investigation in Crime No.1 of 2025, within a period of three months from the date of receipt of a copy of this order.

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iv. The respondent TANGEDCO shall proceed with the disciplinary proceedings with the available materials and

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evidence. They need not wait for the outcome of the investigation by the Vigilance and Anticorruption Department.

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v. If any document is required by the Disciplinary authority from

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the Vigilance Department, the same shall be obtained from the newly impleaded respondent.

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vi. The newly impleaded respondent is directed to furnish certified copies of documents, if any, required by the TANGEDCO, enabling them to proceed further with the disciplinary proceedings and to conclude the same within a period of six months from the date of receipt of a copy of this order.

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There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

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09.12.2025

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NCC: Yes/No Index:Yes/No vrn

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