M.SAMPATH Vs. CHAIRMAN CUM MANAGING DIRECTOR

JUDGEMENT

(1.) The instant writ petition for Certiorarifed Mandamus has been filed for calling for records relating to the proceedings of the Superintending Engineer, CEDC /TNEB / Chengalpattu, vide Memo No.10455/546/Ni.Pi.2/U1/File No.10/2005 dated 27.09.2005 and the order dated 27.10.2005 passed by the Chief Engineer, Personnel, TANGEDCO, during the appeal and final order of the Chairman cum Managing Director, TANGEDCO dated 09.09.2007 rejecting the mercy petition of the petitioner and direct the respondents to pay the back-wages and to initiate the process of promotion.

(2.) The petitioner joined services of the first respondent as Junior Assistant. He filed a suit in O.S.No.266 of 1998 before the Additional District Munsif, Kancheepuram for a declaration that the marriage with his wife Shanthi is null and void. The petitioner's wife filed a complaint at All Women Police Station, Kancheepuram stating he had subjected her to cruelty. A complaint in Cr.No.9 of 1997 under Section 498(A) of IPC was registered. Charge sheet was filed. The petitioner was convicted for an offense under Section 498(A) of IPC by an order dated 04.08.2000 and was sentenced under go rigorous imprisonment for one year.

(3.) It is pertinent to mention here that the petitioner was arrested and he was on suspension. Departmental proceedings were initiated against the petitioner. The Enquiry Officer by submitted his report on 04.12.2004 holding the charges against him were proved. The 3rd respondent / the Superintending Engineer, CEDC, TNEB, Chengalpattu, by an order dated 27.09.2005 imposed the punishment of withholding of increment with cumulative effect from 01.01.2006 to 31.12.2006. The petitioner filed an appeal before the Chief Engineer, Personnel, TANGEDCO. The Appellate Authority vide order dated 27.09.2005 dismissed the appeal.