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GLIMPSE OF A latest VERDICT* *W.A. 340/2019, 360/2019* *T.G. Naveen & 2 Ors. Vs. Chairman, TNEB & 9 Ors.* *Dated 30.04.2021* *Hon’ble Justices N. Kirubakaran & P. Velmurugan* dismissed the Writ Appeals and setting aside the fraudulent Sale Deedswhich are on the matter of *“Land Grabbing and Layouts”* :
by Sekar Reporter · Published May 26, 2021
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https://x.com/sekarreporter1/status/1734882150892384712?t=bD9mCYbg3xW9BIU7FCFZCQ&s=08 For the foregoing discussions and observations, in order to fill up the lacuna committed by the Disciplinary Authority, we are constrained to interfere with the order. Accordingly, this Writ Petition is allowed and the matter is remitted to the Disciplinary Authority to rectify the defects from where it had happened, viz., to forward the enquiry report, call for objection from the delinquent and thereafter, decide as to whether the charges are established or not and take a decision depending upon the satisfactory explanation given by the petitioner. Normally, we would have exercised our discretion and straightaway modified the punishment in terms of the judgment of Apex Court in the case of Union of India and others vs. P.Gunasekaran (supra), if it shocks our conscience and also taking note of the fact that more than 10 years have gone by from the date of issuance of charge sheet, this is not a fit case to exercise such discretion. Since we set aside the order of the learned Single Judge, she may be put back to her original position. However, as she was dismissed from service and only now we set aside the order of dismissal, the period was to be treated as without employment and she may be treated to be under suspension from today and be paid accordingly. In view of the judgment of the Supreme Court in the case of Managing Director, ECIL, Hyderabad and others vs. Karunakar and others, the petitioner is not entitled to any backwages for the present till a decision is taken by the Disciplinary Authority based on the order of this remand. No costs. Consequently, connected miscellaneous petition is closed. (S.V.N.J.,) (K.R.S,J.,) 10.11.2023 Speaking order/Non-speaking order Index: Yes / No Internet: Yes / No ar S.VAIDYANATHAN,J. and K.RAJASEKAR,J. ar PRE-DELIVERY ORDER IN W.P.No.31125 of 2022 10.11.2023Petitioner : Mr.M.Radhakrishnan For Respondents : Mr.Ayyadurai, Senior Counsel For Mr.Durai Eswar ***** O R D E R (By S.VAIDYANATHAN,J.)
by Sekar Reporter · Published December 13, 2023