IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 11.01.2024 PRONOUNCED ON : 24.01.2024 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.32800 of 2022 and W.M.P.No.32196 of 2022 K.Namachivayam ...Petitioner -Vs-

1. The Principal Secretary/

Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.75, Santhome High Road, MRC Nagar, R.A.Puram, Chennai – 600 028.

2. The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.75, Santhome High Road, MRC Nagar, R.A.Puram, Chennai – 600 028.

3. The Vigilance Officer/General Manager, Chennai Metropolitan Water Supply and Sewerage Board, No.75, Santhome High Road, MRC Nagar, R.A.Puram, Chennai – 600 028. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the second respondent in proceedings No. CMWSSB/P&A/VC2/27645/2020-1 dated 09.06.2021 and the order of the first respondent in proceedings No.CMWSSB/P&A/VC(A)/17321/ 2021 dated 04.01.2022 and quash the same and direct the second respondent herein to include the name of the petitioner for the panel to the post of Executive Engineer in the appropriate place as issued in proceedings No.CMWSSB/P&A/STF/RA1/25004/2022 dated 21.10.2022 and to grant the petitioner with retrospective promotion from the date of promotion of his immediate Junior and to grant the Petitioner all consequential benefits.

For Petitioner : Mr.M.Ravi For Respondents : Mr.Krishna Ravindran Standing Counsel

ORDER

This writ petition has been filed challenging the order dated

09.06.2021 passed by the second respondent thereby imposed punishment of stoppage of increment for the period of one year without cumulative effect and the order passed by the first respondent dated 04.01.2022, thereby confirming the order passed by the second respondent.

2. The petitioner had joined as Assistant Engineer in the respondents Board and thereafter he was promoted to the post of Assistant Executive Engineer during the year 2016. While being so, he was served with charge memo dated 27.11.2020, by the third respondent and initiated disciplinary proceedings under Section 10(2) of the CMWSS Board Employees (Discipline and Appeal) Regulations, 1978. The charges are as follows:-

“Thiru K. Namachivayam, (E.C.No. 3436), then DAE-40A, Area XIII (now in Area-V) is the responsible person for inspection/supervision of the property as per circular instructions issued. But he has failed to inspect and verify the structure of the above said building properly before effecting water/sewer connection which resulted in short collection of connection charges, IDC and taxes/charges. He has failed in his legitimate duty in giving water/sewer connection and thereby caused revenue loss to the Board to the tune of Rs.8,45,337/-. His above acts are also caused bad image to the Board among the public and complaints are received in this regard.

His above act amounts to misconduct under Regulation 6(4), 6(23) and 6(37) and 6(38) of CMWSS Board Employees (Discipline and Appeal) Regulations, 1978 which read as follows:

6(4) "Neglect of work"

6(23) "Dishonesty in connection with the Board's property or transactions.

6(37) "Any other activity which in the opinion of Board is a misconduct".

6(38) "Breaching the rule of integrity and devotion to duty and doing any Act which is unbecoming of a member of the Board service"

The above charges were framed for failure in conducting proper inspection and supervision before effecting water/sewerage connection to the premises No.9/4, Sasi Nagar, Main Road, Velachery, Chennai – 42, thereby causing revenue loss to the tune of Rs.8,45,337/-.

3. On receipt of the charge memo, the petitioner submitted detailed explanation stating that in the subject building, he carried out inspection with reference to the sanctioned plan. Based on the actual construction as per plan, total charges were arrived and collected from the owner