D SIVAPRAGASAM Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

(2.) IT has been stated that the petitioner had joined in the service of the Tamil Nadu Electricity Board, on 26.7.1979, as a Switch Board Operator. Later, he was promoted as a Tester Ist Grade, on 24.11.1982 and redesignated as Commercial Inspector. Thereafter, he was promoted as a Junior Engineer II Grade, on 11.3.1987 and as a Junior Engineer I Grade in Tirupattur Distribution Circle. While so, a charge sheet, dated 3.11.1999, had been issued, with three charges levelled against him. The first charge is that the petitioner had demanded a sum of Rs.5,000/-, as bribe, for effecting electricity service connection to one Chinnakulandai. The second charge is that even though one P. Subramani was eligible to get the service connection, the said connection had not been given, as the petitioner had not been paid the amount demanded as bribe. The third charge is that he had got personally involved in giving service connection to one Perumal, asking him to produce false documents, by violating the rules.

(3.) IT has been further stated that the third respondent, by his proceedings, dated 21.3.2001, had straight-away concurred with the findings of the enquiry officer, without giving an opportunity to the petitioner on his findings, causing considerable prejudice to the petitioner. The third respondent had merely held that the charges had been proved, concurring with the findings of the Enquiry Officer, without independently analyzing the evidence on record. Further, the non-furnishing of the enquiry officer's report to the petitioner, before coming to the conclusion of guilt, had caused serious prejudice to the petitioner.