BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2024 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD).No.24549 of 2023 and W.M.P.(MD) Nos.20730, 20733 of 2023 & 671 of 2024 H.Mohamed Jibril John ... Petitioner Vs

1. The Superintending Engineer, Thanjavur Electricity Distribution Circle TANGEDCO, Thanjavur, No.1, Vallam Road, Thanjavur.

2. M.Manivannan

3. The Assistant Engineer (O And M), West Urban Thanjavur E.B.Colony, Nanjikottai, Thanjavur.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the Executive Engineer in charge Memo Ku.AA.En390/Se.Po/E.Para/Nagari/Thanj/

Vu Ni A/Nimay/Ko.o. Na/2022 Naal 20.09.2023 and quash the same.

For Petitioner : Mr. N.Sundaresan For Respondents : Ms.M.Parameswari (R1, R3)

Standing Counsel

ORDER

The present writ petition has been filed challenging the impugned charge Memo Ku.AA.En390/Se.Po/E.Para/Nagari/Thanj/ Vu Ni A/Nimay/Ko.o.

Na/2022 Naal 20.09.2023 and quash the same.

2.Heard, the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. Perused the materials on record.

3.(i).The petitioner joined the service with erstwhile Tamil Nadu Electricity Board as Helper Trainee on 20.03.2009. After several promotions, presently he is holding the post of Commercial Inspector. In the meanwhile, he had completed Diploma in Electrical and Electronics Engineering (DEEE) during the year 2012, with the permission of the Board, as part-time course. Due to want of clarification with regard to recognition and approval of diploma awarded by Periyar Maniammai University, his promotion to the next level of post was kept pending.

(ii)It is clarified in G.O.Ms.No.151, dated 04.05.2023, Higher Education Department that the Dipolomas awarded by Periyar Maniammai University are equivalent to the diplomas for the purpose of employment in public services. Accordingly, the petitioner expected his promotion as Foreman and Junior Engineer Electrical Grade II in the ensuing vacancy.

(iii).In the meanwhile, the Superintending Engineer / Thanjavur Electricity Distribution Circle/Thanjavur in his proceedings, dated 09.08.2023 had issued a list of seniority for the purpose of promotion by keeping the crucial date as 01.08.2023 and the petitioner’s name stood in S.No.21 in the said list. In these circumstances, the second respondent has issued a show- cause notice, dated 30.06.2023 and the same was duly replied by the petitioner. However, rejecting the explanation of the petitioner, a charge memo, dated

20.09.2023 came to be issued.

4.Vide impugned order, the petitioner was charged with two charges. The first charge is with respect to the matter, in which, the petitioner without receiving the double deposit, indemnity bond, no-objection certificate from the Pollution Control Board, gave 3 phase service connection to one Gnanavel, for the building, with respect to which several civil suits are pending. The second charge is for having not received the double deposit, indemnity bond, no-objection certificate from the Pollution Control Board and without communicating the pendency of several civil disputes gave 3 phase electricity service connection to one Gnanavel, thereby, violating the standing order under 30(x) of T.N.E.B Non Clerical Posts. Challenging the same, this writ petition came to be filed.

5.The learned counsel for the petitioner submitted that the petitioner has been victimised for no mistake on his part. The duties and responsibilities, which are assigned to the post of Commercial Inspector, ie., is a post held by the petitioner at the time of the alleged incident, as per TANGEDCO Proceedings No.8, dated 02.03.2018 are as follows:

“A. The duties and responsibilities which was assigned to the post of commercial Inspector (Petitioner) at the time of alleged incident as (per) FB TANGEDCO PROCEEDINGS No.8 (SB) Dated 02.03.2018 are as follows.

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