A MURUGESAPANDI Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner is an Assistant Executive Engineer working at Kayathar Sub Division, Tamil Nadu Electricity Board, Tirunelveli. In the present writ petition, the petitioner wants a direction from this Court to the respondents to implement their Memo. No. 12146/p1/32-1 (Secretariat Branch) dated 26. 6. 1992 in letter and spirit while the promotional panel is prepared by the Board and notwithstanding that there is a disciplinary action against the petitioner, he should be included in the panel for the post Executive Engineer.

(2.) SINCE the petitioner has referred to the memo issued by the Board dated 26. 6. 1992, it is necessary to refer to the Circular dated 26. 6. 1992 wherein all the subordinate authori?ties were directed to keep in mind the service regulations of the Board, more particularly the service regulation No. 106. The learned coun?sel, Mr. Sundareshan for Sun Associates had drawn attention of this Court to Regulation No. 106 (c), which reads as follows: "106 (c) where it is necessary to appoint or promote an employee against whom an enquiry into allegations of corruption or mis?conduct is pending the appointing authority may appoint or promote him temporarily pending enquiry into the charges against him. The competent authority shall have discretion to make regular appointments or promotions in suitable cases. "

(3.) THEREFORE, the petitioner submits that despite the disciplinary proceedings against him, he is entitled for promotion to be promoted temporarily and the service regulations of the Board enures such a benefit.