SUPERINTENDING ENGINEER Vs. B GANDHIRAJU ALIAS B GANDHI

JUDGEMENT

(1.) The prayer in the writ petition is for issue of a writ of Certiorari to quash the Award of the Labour Court, Salem in I.D.No.173 of 1999 dated 26.4.2002.

(2.) The petitioner in the Writ Petition is the Superintending Engineer, Erode Electricity Distribution Circle, Tamil Nadu Electricity Board, and the first respondent is its employee. The first respondent while working as Accounts Assistant (Selection Grade), was issued with a memo dated 10.4.1995, stating that despite orders of transfer and order relieving him from duty, he did not join in the transferred post. The first respondent submitted his explanation on 18.4.1995. Not being satisfied with the explanation, the petitioner issued a charge memo dated 31.7.1995 to the first respondent containing two articles of charges which are to the following effect:

(3.) The first respondent submitted a representation dated 14.8.1995, requesting for certain documents and raising certain objections, requested the petitioner to arrange for extending the time limit by one month for submitting his defence statement. This was followed by another representation dated 7.9.1995, requesting further extension of one month for submitting his written statement of defence. The petitioner by proceedings dated 13.9.1995, forwarded certain copies of the documents sought for by the first respondent and directed him to participate in the enquiry which was ordered to be conducted. The enquiry officer by a communication dated 13.12.1995 fixed the enquiry on 4.1.1996 at 11.00 a.m.