G ANANDAM Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE prayer in the writ petition is for a writ of certiorari to call for the orders of the second respondent dated September 12, 1984 as confirmed by the first respondent in his proceedings dated May 9, 1986.

(2.) THE petitioner an employee of the Tamil Nadu Electricity Board has challenged the order of punishment viz. , stoppage of increment for a period of one year with cumulative effect. The petitioner was working as Accounts Officer/ Revenue/ MES North at Mount Road and that at the time of punishment he was employed in Salem Electricity System. Ondecember2, 1981 a memo was served, on him with reference to M/s. Romala Enterprises, 389 Tiruvottiyur High Road, Madras-19, whom he permitted to remit the arrears of Rs. 35,987. 50 in instalments towards current consumption charges. In the memo it was alleged that he prevented the Assistant Divisional Engineer, Tiruvottiyur (N. Krishnan) from disconnecting the lighting service connection of the said Romala Enterprises for non-payment of arrears upto July, 1977 amounting to Rs. 5, 123. 35 by instructing the Assistant Divisional Engineer over phone not to disconnect since there was an interim injunction from the High Court. On February 19, 1982 an explanation was submitted by the petitioner denying the charges. The Enquiry Officer has questioned the petitioner without first examining the prosecution witnesses, and found the petitioner guilty of only the second charge. After calling for the explanation again, the second respondent by his order dated September 12, 1984 imposed punishment on May 9, 1986. The petitioner states that the enquiry was not property conducted and the enquiry proceedings were not furnished. The Enquiry Officer was personally interested. The Enquiry Officer looked into the materials which are ' not the basis of the charges. Hence, the petitioner filed the writ petition for the above relief.

(3.) COPY of the counter-affidavit was produced in court during the hearing on July 3, 1987.