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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2023

Coram

THE HONOURABLE MRS.JUSTICE V. BHAVANI SUBBAROYAN

Writ Petition No.16385 of 2016

and

W.M.P.No.14173 of 2016

A.Chitra

.. Petitioner

Versus

1. The Secretary to Government,

Municipal Administration and water supply department,

Fort St. George,

Chennai – 600 009.

2. The Managing Director,

Tamilnadu Water Supply & Drainage Board,

No.31, Kamaraj Salai,

Chepauk, Chennai – 600 005. ... Respondents

Prayer : This Writ Petition has been filed under Article 226 of the

Constitution of India, praying to issue a writ of Certiorarified Mandamus,

calling for the records pertaining to the order, dated 27.07.2015 made in

B.P.Ms.No.36, on the file of the Managing Director, Tamil Nadu Water

Supply and Drainage Board, 32, Kamaraj Salai, Chepauk, Chennai – 600005,

the second respondent herein and quash the same and consequently, direct the

respondents to give the benefits to the petitioner reckoning the date of death of

delinquent for the purpose of calculation of the terminal benefits within a time

frame fixed by this Court.

For petitioner

: Mr.R.Sugumaran

For Respondents : Mr. D. Gopal,

Government Advocate for R1

Mr. S. Ravindran, Senior counsel

for Ms. S. Mekhala for R2

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O R D E R

The relief sought for in this writ petition is to quash the order, dated

27.07.2015 made in B.P.Ms.No.36, on the file of the Managing Director,

Tamil Nadu Water Supply and Drainage Board, 32, Kamaraj Salai, Chepauk,

Chennai – 600005, the second respondent herein and for a consequential

direction to the respondents to reckon the date of death of the delinquent for

the purpose of calculation of the terminal benefits within a time frame fixed by

this Court.

2.

The case of the petitioner is that the petitioner's husband viz., late

A.Appavoo, was appointed as an Assistant Engineer in the Investigation and

Design Division of the 2^nd respondent Board at Erode on 10.01.1973.

Subsequently in the year 1983, he was promoted to the post of Assistant

Executive Engineer in Sub Division III, Hill Area Development Division

(HADP) Uthagamandalam. While he was working in the said place, he was

placed under suspension on 23.09.1987 along with some other officials for

alleged irregularities committed in execution of Uthagamandalam Water

Supply Improvement Scheme. Pursuant to the same, a Charge Memo has also

been issued, for which the said late A. Appavoo sent his reply on 22.11.1987

repudiating the charges. Since there is no response on the reply, he filed a Writ

Petition in W.P. No. 17 of 1992 before this Court seeking to quash the said

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Charge memo. The said Writ Petition was disposed of, by directing the

respondents therein to reconsider the suspension order.

3. Pursuant to the same, several enquiry officers were appointed to

enquire the case, among them, when one Sellappa was serving as an Enquiry

officer, out of 44 witnesses, 20 were examined. Subsequent to the

superannuation of the said enquiry officer, one Chakaravarthy who was in the

rank of Chief Engineer was appointed as an Enquiry officer. Objection was

raised with regard to the appointment of the said officer of lower rank as

Enquiry Officer by the officers against whom charges were leveled. However

after conducting enquiry by the said Chakaravarthy, the respondent Board de-

linked one of the delinquent officer viz., P.V.Rajagopalan who was in the rank

of Chief engineer from the array of parties, notwithstanding the fact that he

was instrumental in execution of the entire work which suffered from alleged

irregularity.

4. Hence, aggrieved against the enquiry conducted by the said

Chakra