WP/15822/2022 of K.Jayalakshmi Vs The Chief Engineer (Personnel) on 11 September 2026

ORDER

The present writ petition has been filed challenging the order dated 07.08.2021 by which the petitioner was imposed with punishment of withholding of increment with cumulative effect for three years and also directed to deposit a sum of Rs.9,10,366/-, confirmed in appeal dated 19.11.2021 and consequential order dated 07.06.2022.

2. The case of the petitioner is that she joined TANGEDCO on 26.10.2013 as an Assessor on compassionate ground. While she was working in Billing Section, her superior Assistant Engineer sent one M.Suresh from Indus Tower Ltd., to remit electricity charges. The said Suresh used to bring demand draft for amount over and above the billing amount and adjust the difference in amount to the meters of some other persons known to him. Suddenly, a charge sheet dated 16.11.2019 was issued to the petitioner and she was suspended from

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service on 21.01.2020. Indus Tower Ltd., gave a police complaint against the said Suresh. Police enquired and closed the case stating that TANGEDCO has nothing to do with the internal affairs of Indus Tower Limited. However, the respondent Corporation pursued the charge and imposed a major punishment of recovery of Rs.9,10,366/- from the petitioner with 18% interest and punishment of 3 years increment cut with cumulative effect vide order dated 07.08.2021 passed by the 3rd respondent confirmed in appeal by order 19.11.2021 and the consequential recovery order dated 07.06.2022 were passed by the 2nd respondent. Hence this writ petition.

3. The learned counsel for the petitioner submitted that the petitioner was given a charge memorandum on 16.11.2019 for the misconduct of misappropriation for which the petitioner has given an explanation on 30.11.2019. After receiving the explanation and not satisfied with the same, the disciplinary authority has appointed an Enquiry Officer. It is the specific contention of the learned counsel that the Enquiry Officer not only conducted himself as an enquiry officer, but also overreached his position and acted as a prosecutor. Therefore, the very finding of the Enquiry Officer is prejudiced as it was rendered by a prosecutor himself. The learned counsel further submitted that apart from the above defense, material witnesses were not examined and no supporting documents have been relied to arrive at such a conclusion.

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4. The learned Standing Counsel appearing for the respondents submitted that the petitioner has committed a grave misappropriation. When the Indus Tower Limited had given a demand drafts consolidating their various electricity service connections, the petitioner instead of deducting with respective service connections of the Indus Tower Limited, she has adjusted the amount towards the service connections of some other private persons. After deducting such amount to the private account, the said amount was received by her by way of cash. This very conduct of the petitioner is serious in nature and that there was also a loss to the respondent Corporation. Therefore, considering the gravity of the charges, the punishment is proportionate. It is also his contention that while exercising the power of judicial review, this Court cannot re-appreciate the evidence and hence prayed for dismissal of the writ petition.

5. Heard both sides and perused the materials available on record.

6. The primordial submission made by the learned counsel for the petitioner is that the Enquiry Officer acted himself as a prosecutor and that no Presenting Officer was appointed. The learned counsel for the petitioner also brought to the knowledge of this Court that the witnesses relied on by them was cross-examined by the Enquiry Officer, which factum is not seriously disputed

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by the learned Standing Counsel. While looking into the enquiry report, this Court could not find any Presenting Officer, whereas the petitioner was represented by the Labour Union representative. At this juncture, the learned Standing Counsel submitted that during the cross-examination, the petitioner herself had admitted about her misconduct, which factum was seriously objected by the learned counsel for the petitioner. However, in one aspect, both the petitioner and the respondents are in concurrence viz., the petitioner was cross-examined by the Enquiry Officer. Be that as it may, the fact remains that there is no reference of the Presenting Officer in the Enquiry Officer's report and the Enquiry Officer conducted himself as a prosecutor and Judge. Hence, this Court finds that there is a clear and blatent violation of principles of natural justice.

7. Though the petitioner has raised many other defences, since the very enquiry report is vitiated on account of not following the principles of natural justice, this Court quashes the impugned punishment order dated 07.08.2021. As a consequence, the order dated 19.11.2021 passed by the appellate authority and the consequential order dated 07.06.2022 are also quashed. However, the matter is remanded back to the respondents to conduct a fresh disciplinary proceeding against the petitioner by following the principles of natural justice and pass orders on merits and in accordance with law within a period of four

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months from the date of receipt of a copy of this order.

8. With the above observation and direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 11-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DPQ

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C.KUMARAPPAN, J. DPQ WP No. 15822 of 2022 11-09-2026

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To

1. The Chief Engineer (Personnel) Tamil nadu Generation and Distribution Corporation Limited (TANGEDCO) No. 144 Anna Salai Chennai 2

2. The Superintending Engineer Tamil nadu Generation and Distribution Corporation Limited (TANGEDCO) Nagapattinam Electricity Distribution Circle Nagapattinam

3. The Executive Engineer Tamil nadu Generation and Distribution Corporation Limited (TANGEDCO) Operation and Maintenance Nagai Electrcity Distribution Circle Mayiladuthurai Ngapattinam District