S THANIKASALAM Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner prays for the issue of a Writ of Certiorari to call for the records of the first respondent dated 29.6.1995 and to quash the same.

(2.) The following facts are sufficient for the disposal of this writ petition:- The petitioner was working as Assistant Engineer with the first respondent/Tamil Nadu Electricity Board. During the year 1982, he applied for leave from 15.9.1982 for 30 days and subsequently he sought for extension of leave from 16.10.1982 to 15.4.1983. This request was however not accepted by the second respondent and the petitioner was directed to join duty forthwith. As he did not rejoin duty, a charge memo dated 8.3.1983 was issued formulating the following two charges:-

(3.) The petitioner questioned the validity of the charge memo contending that the authority who had issued the charge memo had no jurisdiction to do so. He filed the writ petition in the said context and W.P.No.9843 of 1984 dated 16.12.1994 was allowed in favour of the petitioner with liberty to the respondent to proceed further in accordance with the rules and regulations. On 29.6.1995, the first respondent issued two memos/orders. In the first memo, it was stated that the Board had ordered that without prejudice to the disciplinary proceedings, the order of dismissal dated 29.6.1984 was cancelled and he was reinstated in the Board's service without back wages. By another memo, which is impugned herein it was stated that in pursuance of the judgment of this Court in W.P.No.9843 of 1983, as an enquiry into certain charges against the petitioner was pending, on his reinstatement as Assistant Executive Engineer, he was placed under suspension with immediate effect.