V MUTHUKRISHNAN Vs. CHIEF ENGINEER (DISTRIBUTION), TAMIL NADU GENERAL AND DISTRIBUTION CORPORATION LTD AND ORS

JUDGEMENT

(1.) Challenge in this writ petition is to the impugned charge memorandum dated 26.04.2013 issued by the The Chief Engineer (Distribution), Tamil Nadu General and Distribution Corporation Ltd., Tirunelveli.

(2.) Material on record discloses that earlier, the petitioner was issued with a charge memo dated 24.11.2011 calling for an explanation. He has submitted a reply on 14.12.2011 denying the charges. Not satisfied with the explanation, the Chief Engineer (Distribution), Tamil Nadu General and Distribution Corporation Ltd., Tirunelveli, the first respondent herein, has suspended the petitioner on 21.12.2011 until further orders. He has exercised powers under Sub-Regulation (a) of Regulation 9 of Tamil Nadu Electricity Board Employee's Discipline and Appeal Regulation. Thereafter, the first respondent has framed the charge memorandum dated 12.06.2012. The charges framed are as follows:

(3.) According to the petitioner, he was not served with copies of documents required for his defence. By order dated 05.07.2012, the suspension was revoked. On 31.08.2012, the Chief Engineer (Distribution), Tamil Nadu General and Distribution Corporation Ltd., Tirunelveli, the first respondent herein, appointed the Executive Engineer (Distribution), Tamil Nadu General and Distribution Corporation Ltd., Kadayanallur, as Enquiry Officer. The petitioner has submitted that the documents relied on by the Board has to be furnished to him. Subsequently, on 25.10.2012, the charges framed against the petitioner were cancelled without prejudice to fresh charges to be framed against the petitioner. Thereafter, on 26.04.2013, the Chief Engineer (Distribution), Tamil Nadu General and Distribution Corporation Ltd., Tirunelveli, has framed the following charges: