D.VASANTHAKUMAR Vs. ANNA UNIVERSITY

JUDGEMENT

(1.) This Writ Petition has been filed by Mr.Vasanth Kumar, who was deputed to Anna University on Foreign Service terms on 14.06.1986 while serving as Additional Divisional Engineer in the Tamil Nadu Electricity Board, challenging the impugned Proceedings issued by the Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Electricity Board, Chennai-2, the 3rd respondent herein in Memo No. 002427/565/N.10/N.101/2009 dated 23.07.2009, to quash the same and for further direction, directing the respondents 1 and 2 to pay the arrears of salary due to him, settle his terminal benefits, give him appropriate scale of pay and also grant promotion to which he was eligible.

(2.) Mr.Selvaraj, learned Counsel appearing for the petitioner assailing the impugned order submitted that the petitioner was initially joined the Tamil Nadu Electricity Board as Assistant Engineer in the year 1972. After 14 years, he was promoted as Assistant Divisional Engineer in the year 1986. At the request of Anna University, he was deputed to Anna University on foreign service terms on 04.06.1986. Subsequently, his deputation was also extended by the Tamil Nadu Electricity Board. During his course of employment with the Anna University, for certain charges, he was placed under suspension and the Vice Chancellor of the Anna University also lodged an F.I.R. against the petitioner that he has committed certain irregularities. In view of his suspension order dated 22.11.1991 passed by the Anna University, till the date of his reaching the age of superannuation, he was not even permitted to work.

(3.) Adding further, the learned Counsel for the petitioner submitted that when the charge memo alleging various irregularities was properly demonstrated as false by giving explanation and then participating in the enquiry, the Enquiry Officer, who was a Retired District Judge, accepted his explanation and on completion of the enquiry, submitted a report holding him not guilty under any charge. The said report was placed before the appropriate authority nominated by the Anna University, the 1st respondent herein. The Syndicate Sub- Committee, after going through the detailed report submitted by the Enquiry Officer, differing from the report of the Enquiry Officer, sent the papers to the Tamil Nadu Electricity Board Parent Department violating Regulation 10(b) of the Tamil Nadu Electricity Board Employees' Discipline and Appeal Regulations. As per Regulation 10(b), if a Board employee is on foreign service, the foreign employer shall not impose any punishment on him without the concurrence of the Board and if any of the major punishments of reduction, compulsory retirement, removal or dismissal is to be imposed, the foreign employer shall conduct the necessary enquiry, sent the complaint papers to the Board and also revert the employee concerned to the Board's service for such action as it is considered necessary by the Board against him.