P J VINCENT Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD the arguments of Mr. S. Elamurugan, learned counsel for the petitioner and Mr.M.Vaidyanathan, learned Standing Counsel for the Tamil Nadu Electricity Board [for short, 'TNEB'] and perused the records. W.P. No. 7757 of 1997 filed for issuance of writ of Certiorari calling for the records relating to the proceedings in Memo No. 081631/DP.2/A1/95-2 dated 12.3.1997 and quash the same. W.P. No. 16930 of 1998 filed for issuance of writ of Certiorarified Mandamus calling for the records relating to the proceedings of the first respondent in Proceedings permanent B.P. (FB) No. 24 Administrative Branch, quash the same and direct the respondents to reinstate the petitioner with all attendant benefits).

(2.) THE petitioner joined the service of the respondent Tamil Nadu Electricity Board in the year 1964. When he was working as an Assistant Divisional Engineer during 1982, he was given a charge-memo dated 30.6.1982 stating that he had gone abroad (Algeria) and taken up employment and also that he had disobeyed the order of his superior by not appearing before the Medical Board and also not reported for duty. He was dismissed from service by an order dated 20.01.1984. THE said order was challenged in a writ petition before this Court being W.P. No. 8152 of 1984. THE said writ petition was allowed vide order dated 08.3.1993 and the order of dismissal was set aside on the ground that copy of the enquiry report was not supplied to him. THE respondents preferred a writ appeal being W.A. No. 707 of 1993 and the same was partly allowed by the Division Bench vide judgment dated 26.8.1993 and the operative portion of the said judgment reads as follows:- Para 3:

(3.) IN the light of the above, the respondents conducted an enquiry against the petitioner and the Enquiry Officer found him guilty of all the five charges proved. The petitioner sent his explanation and the respondent Board, by an order dated 15.9.1998 in B.P. No. 24, agreed with the findings and dismissed the petitioner from service. It is against this order, W.P. No. 16930 of 1998 has been filed.