D RAJAMANICKAM Vs. CHAIRMAN TAMILNADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner, who is the assistant engineer in the respondent Board, has come forward to file the present writ petition seeking to set aside the order of the fourth respondent dated 5. 1. 2009 and consequently reinstate the petitioner in service, since the fair disciplinary proceedings could not be proceeded against the petitioner as directed by this Court in W. A. No. 1337 of 2008 dated 24. 11. 2008.

(2.) THE order impugned in the writ petition is the suspension order passed by the board subsequent to the order passed by the Division Bench of this Court. The petitioner earlier filed a writ petition before this Court in W. P. No. 23429 of 2004 to set aside the order of dismissal passed by the Superintending Engineer, dindigul Electricity Distribution Circle. The said writ petition was dismissed. Thereafter, the petitioner filed a review application in R. A. No. 188 of 2007 to review the order of dismissal of the writ petition dated 23. 10. 2007. That was allowed by an order dated 10. 4. 2008 and the petitioner's dismissal was set aside by this Court. The Board, aggrieved by the same, filed an appeal in W. A. No. 1337 of 2008. A Division Bench of this Court passed a final order dated 24. 11. 2008. In that order, the Division Bench in paragraph 4, observed as follows:-

(3.) IN the aforesaid paragraph, it is shown that the petitioner was supplied with all the documents and he was also directed to file a written statement of defence within ten days and the enquiry should be completed within two months. On the basis of the TNEB regulations, after the order passed by the Division bench, the respondent, by an order dated 5. 1. 2009 made the petitioner under suspension and to continue the enquiry. It must be noted that there is no order of the Division Bench to restore the petitioner into service. Even otherwise when an order is set aside on technical ground without there being any further direction, there is no question of the petitioner being restored to service.