LAWS(MAD)-2007-9-38

N P JAYAKUMAR Vs. CHIEF ENGINEER DISTRIBUTION

Decided On September 07, 2007
N.P. JAYAKUMAR Appellant
V/S
CHIEF ENGINEER (DISTRIBUTION) Respondents

JUDGEMENT

(1.) THE petitioner in WPs. 2886 of 2000 and 18421 of 2001 is the same. The petitioner in the said writ petitions has been working as a Store Custodian Grade I under the respondent Tamil Nadu Electricity Board. He was transferred from Sub-stores, West Korattur to the Central Stores, Thimmavaram, Chengai Electricity Distribution Circle on 07. 06. 1997, directing him to handover the charge to one C. S. Padmanaban, the Store Supervisor (Construction), Ambattur.

(2.) IT is the case of the petitioner that he has sent a representation to the second respondent on 07. 06. 1997 requesting to grant 15 days time to handover the charge in a complete manner. According to the petitioner, the process of handing over the charge commenced on 08. 06. 1997 and he handed over the duplicate key to the said C. S. Padmanaban, petitioner in W. P. No. 2887 of 2000 keeping the original key with him, which has to be handed over to the said Padmanaban, after completion of all formalities of taking charges. It is the further case of the petitioner that during the course of handing over the charge, on 16. 06. 1997, after completing his duty, the said C. S. Padmanaban, the Store Supervisor closed the doors and sealed the lock both in the stores and the gate promptly and went home. However, on the next day, i. e. , on 17. 06. 1997, at 8. 00 am the sealed lock was found broken and some of the materials belonging to the respondent Board were found missing, about which the Assistant Engineer (Construction), Ambattur lodged a complaint in Korattur Police Station on 17. 06. 1997. The petitioner was suspended from service on 23. 06. 1997 by the order of the Executive Engineer, Ambattur regarding the alleged theft occurred on 16. 06. 1997 in the Sub-Stores, Korattur. It was, thereafter, the second respondent by his communication dated 28. 06. 1997, has sanctioned eight working days from 08. 06. 1997 to 17. 06. 1997 to handover the charge of the Sub-stores, Korattur, to the petitioner in W. P. No. 2887 of 2000.

(3.) THE petitioner was issued with a charge sheet on 08. 07. 1997 by the Executive Engineer on the allegation that he has not handed over the keys to the Store Supervisor C. S. Padmanaban, till the date of theft. The petitioner has submitted his explanation on 01. 08. 1997 to the Executive Engineer, denying the charges levelled against him and requested him to furnish materials. The charges were levelled against the petitioner as per the Board's Standing Order Nos. 19 (iii) and 19 (ix), which are as follows: '19 (iii ). Theft, fraud or dishonesty in connection with the Board's property or business. 19 (ix ). Habitual negligence or neglect of work. According to the petitioner, as per Regulation 11 (3) of Chapter III of Tamil Nadu Electricity Board Employees (Discipline and Appeal) Regulations, separate charge should be framed in respect of each charge and therefore, framing a single charge clubbing two different charges is in violation of the Board's Regulations. The police complaint in respect of theft has been closed on 09. 12. 1997 as undetectable.