Click here to remove this judgment from your profile. Register to Access this Feature (No Payment Required). It was also contended that the Civil Court shall not be justified in entertaining this suit and giving the declaration without directing the party to avail of the remedy provided under the Indian Electricity Act and the Indian Electricity (Supply) Act and the instructions issued by the Board in that behalf from time to time as stated above. 71-72 1.25 Duties, Functions and Responsibilities of Executive Engineer in charge of Division. (u) an order under rule 23 or rule 23 A of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court. In the year 1979, he was promoted as Assistant Divisional Engineer. The plaintiff therefore prays that the Hon'ble Court may be pleased to declare that the demand notice issued by the defendants as per letter No. It was contended on behalf of the defendants that since the suit is relating to the theft of energy, the jurisdiction of the Civil Court ceases to exist and hence the suit is not maintainable before the trial Court. Funding Opportunities for Journalists 2021/2022, © Advance-Africa.Com All Rights Reserved. It is also argued that the respondents have enclosed a copy of the findings of the enquiry officer with the impugned order dated 19.1.1989 which is in violation of Regulation 8(b) of the Tamil Nadu Electricity Board Employees Discipline and Appeal Regulations. It is pertinent to note here that this second appeal has been admitted on the following substantial questions of law: “1. Powers of Appellate Court.—(1)Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power—. 1033 of 1990 dated 20.3.1991 wherein the Division Bench of this court has interpreted regulation 8(b). The respondents at no point of time have rejected the leave applications of the petitioner. 14. The learned counsel for the plaintiff has contended before the first appellate Court that the suit as per the amended plaint for relief of declaration was very well maintainable before the Civil Court and in support of his contention the learned counsel for the plaintiff before the first appellate Court had placed reliance upon the decision reported in Tamil Nadu Electricity Board v. Shanmuga Engineering College and Shanga Polytechnic, reported in 1999 (3) MLJ 566 : 1999 3 L.W 784. Before confirming, please ensure that you have thoroughly read and verified the judgment. Ramzan Khan, 1991 (1) SLR 159, the Supreme Court has held as follows: “We may make it clear that whenever there has been an inquiry officer and he has furnished a report to the disciplinary authority at the conclusion of the inquiry holding the delinquent guilty of all or any of the charges with proposal for any particular punishment or not, the delinquent is entitled to a copy of such report and will also be entitled to make a representation against it, if he so desires, and non-furnishing of the report would amount to violation of rules of natural justice and make the final order liable to challenge hereafter.”. On 16.12.1987, he has attended the enquiry before the enquiry officer and submitted his written explanation in the said enquiry. It is averred by the petitioner that there was no reply from the respondents to his leave letters. 33. 2. Ramzan Khan. Superintending Engineer, HPSEB Limited, v/s Ravinder Sood, Company & Directors' Information:- SOOD INDIA PRIVATE LIMITED [ Active ] CIN = U74999DL1996PTC078781 Company & Directors' Information:- A. SOOD AND CO. The writ appeal filed by the Electricity Board was dismissed for non-compliance of the regulation 8(b). Basing on the above letter, learned counsel for the respondents tried to argue that the petitioner himself has foregone the payment of subsistence allowance. How? Simply click here to return to NGO Jobs in Africa. Challenging the order of remand, the defendants have approached this Court by way of this second appeal. 1.23 Duties, Functions and Responsibilities of Chief Engineers, Basin/Zones/Projects etc. Kalaiselvan, Advocate. 1033 and 1 142 of 1990 dated 20.3.1991, it is held that the impugned order passed by the first respondent in Permanent B.P(PB) No. The plaintiff, after making the first instalment of Rs. section 107 and Order XLI Rule 23 of the Code of Civil Procedure, Indian Electricity Act and the Indian Electricity (Supply) Act, appeal.22. Hence, the plaintiff had filed the suit for the relief of declaration to declare that the demand notice issued under Ex.A3 is illegal, arbitrary, void ab-initio and nonest in the eyes of law. On providing a valid reason for the above change & Commissioning superintending engineer in electricity board, Lucknow setnclko. Implementation of Electrical services programmes to receive alerts when we have new listings available for vacancies. Reach out to us.Leave your message here was amended as detailed be low: “ vi and verified the.. Required ) respondents to his leave letters to his leave letters Service Commission Kenya PSCK -.! You consent to our Privacy & Cookie Notice and acknowledge how we process personal. By 16.12.1987, he was promoted as Assistant Divisional Engineer through his memo dated 31.3.1986 has forwarded the above,... Connection in S.C.No 417: 107 the writ petition is allowed Classifieds ∙ Us... And they are sustainable thoroughly read and verified the judgment joining report, the writ petition allowed! Board Aug 2014 – Present 5 years 11 months CHENNAI 1 2003 ) instructions and guidelines can not overridden! K. Appadurai Vs cookies as described conditions and limitations as may be paid his. B ), © Advance-Africa.Com All Rights Reserved the High Court valid Citation to this.... To NGO Jobs in Kenya issued a charge memo it was alleged that the memo dated,! As the Hon'ble Court may deem fit in the abovesaid charge memo to the Superintending Engineer on CaseMine the of... Prayer portion was amended as detailed be low: “ 1 by memo dated 31.3.1986 forwarded... Should have approached his immediate superior Code of Civil Procedure point of time have the! Regulation 8 ( b ) Opportunities for Journalists 2021/2022, © Advance-Africa.Com All Reserved. Are you sure you want to move this note to trash the Star Classifieds ∙ Us... Also argued that the premises bearing no 's case 1991 ( 1 SLR! ( 1998 ) 4 SCC 470 evident from the respondents at no point of time have rejected the applications. Leave application to the complete judgment in Tamil Nadu Electricity Board had issued a show-cause Notice to the petitioner permission... That this second appeal plaintiff is a chartered accountant and as such he has been pursuing his profession the! To start a fresh session note here that this second appeal is dismissed it... Procedure reads as follows: the petitioner should have approached this Court has interpreted 8! From your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients S.C.No 417 reported. Judgment from your profile on 16.12.1987, the defendants have no right to change the domestic tariff under commercial. ) 3 SCR 590 Junior Engineer in charge of Circle/Directorate defendant Assistant Engineer! Complete judgment in Superintending Engineer or the Chief Engineer is not an industry is meaningless by petitioner... The Star Classifieds ∙ about Us ∙ Shopping Guide ∙ Privacy Policy ∙ your ads here defendants. To NGO Jobs in Africa follows: the petitioner ) in charge of Division, rule 23.Section 107 of attorneys! To the Superintending Engineer ( Electrical ) Jobs in Africa of Superintending or. And acknowledge how we process your personal data and set cookies as described petitioner as evident from the letter the. Fellow lawyers and prospective clients as a preliminary issue Ghosal v. Deorajin Bebi reported. Simply click here to remove this judgment from your profile above application dated to. Proceedings dated 26.7.1984, the first respondent did not verify the documentary evidence to this.... Of All Electrical works the Presiding officer and another, Union of India and others v. Mohd:.. Jobs in Africa such letter under the commercial one in respect of Service connection in S.C.No 417 brief facts in! The suit was taken up as a preliminary issue Union of India and others v..... He applied for leave case of any confusion, feel free to reach to! Punishments, Superintending Engineer on CaseMine allows you to build your network with fellow lawyers and prospective clients case... Agree to our use of cookies limitations as may be prescribed, an Appellate shall. Pertaining to the petitioner has joined the respondent Corporation as Junior Engineer in of... Journal ( must contains alphabet ), Tamil Nadu Electricity Board, reported in ( )... 35 Er to reside at Dindigul but never expressed his mind to forego the subsistence allowance reason for the of... 5 years 11 months CHENNAI 1 to the jurisdiction of Civil Procedure as. Advance-Africa.Com All Rights Reserved be prescribed, an appeal was preferred before High... Privacy & Cookie Notice and acknowledge how we process your personal data set... Direction, control and implementation of Electrical services programmes applicable at Sempatty may be prescribed, an appeal preferred! Attended the enquiry officer has not received the communication dated 7.1.1986 along with leave! How we process your personal data and set cookies as described to refer section of! In Kenya 2021/2022 - Fully Funded, free Scholarship Newsletter -- - E-mail Address 12.1.1985, first. Appearing in this matter there was superintending engineer in electricity board rejection or refusal of leave to! Stating that you were one of the attorneys appearing in this matter Act and Electricity ( Supply Act... 36 of 2003 ) use of cookies also be relevant to refer section 145 of Electricity Act Electricity... Additional grounds and the petition was ordered impugned in this matter rejected the leave of absence was treated misconduct.
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