JANARTHANAN Vs. CHIEF ENGINEER DISTRIBUTION

JUDGEMENT

(1.) THE petitioner has prayed for issuing certiorarified mandamus for quashing the punishment imposed upon him.

(2.) WHILE the petitioner is working as Assistant Executive engineer under the Tamil Nadu Electricity Board, in 1999, a charge memo was issued against him consisting of three charges. At the enquiry, he was exonerated of charge No. 1 and found guilty of charge Nos. 2 & 3, which are to the following effect :- " Charge No. 2: Even when there were no required load, is the connected loads are 240 watts and 640 watts for the houses of Kuppammal, W/o. Nagarajan and taking that itself into account, for giving power as three phase connection, he has granted approval to the estimate. Accordingly three phase power connection has been given. Charge No. 3: For the houses of Rukkammal, W/o. Munusamy and Kuppammal, w/o. Nagarajan, where there was no capacity for the connected loads, for giving three phase connection the intention for giving approval to the three phase connection, i. e. the above said houses are situate near their wells, in a later period, for giving power connection through one pole system it will be helpful and with this intention, approval has been given to the estimate sent to him. This is a misconduct. "

(3.) THE appellate authority has merely confirmed the order of the disciplinary authority stating that no new points had been urged. If an appeal has been filed, it is the duty of the appellate authority to consider the contentions raised by application of independent mind. That having not been done, such order passed by the appellate authority cannot be sustained.