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2004 Supreme(Mad) 13

P.D.DINAKARAN
I. Vijayakumar – Appellant
Versus
The Superintending Engineer,Tamil Nadu Electricity Board – Respondent


Advocates Appeared:For The Petitioner:C.Selvaraju, Advocate. For The Respondents:R1 V.Radhakrishnan, Advocate.

Judgment :-

Aggrieved by the award dated 29.1.1998 passed by the second respondent confirming the order of dismissal dated 22.8.1988 passed by the first respondent, dismissing the petitioner from the service of the first respondent/Board, the petitioner seeks a writ of Certiorarified Mandamus to call for the records in I.D.No.61 of 1997, dated 29.1.1998 on the file of the second respondent and quash the same; and direct the first respondent to reinstate the petitioner in service with all consequential benefits.

2. Admittedly, a disciplinary action was initiated by the Assistant Executive Engineer by memorandum dated 28.7.1987 and charges were framed against the petitioner for his unauthorised absence with effect from 12.2.1987. The petitioner was served with questionnaire and was also permitted to offer his explanation to the said memorandum. But, the petitioner did not avail the opportunity of submitting an explanation nor answered the questions and therefore, one more opportunity was given to the petitioner to put forth his case before the Enquiry Officer. Before the Enquiry Officer, the petitioner accepted the charges and therefore, the first respondent issued a show cause notice







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