BEFORE THE HON’BLE HIGH COURT OF JUDICATURE AT CHENNAI

(Under Art226 of Indian Constitutional Law)

M.P.No:1/15

In

W.P.No: /15

1) P.Chandira,M.E(M.B.A)(B.G.L)

W/o R.Thangavel,

E-77, Anna Road,Block-27, Neyveli-3

2) R.Thangavel,M.E.,

The Chief Manager,TPS-I,

NLC,Neyveli- 3 -------------Petitioner/Petitioner

Verses

1) The Chairman cum Managing Director,NLC,Neyveli

2) The Chief Vigilance officer, NLC,Neyveli

3) The Director(HR), NLC,Neyveli.

4)The Central Public Information officer,NLC, Neyveli.

5)Balasubramanian,the enquiry officer,NLC.Neyveli.

6)The Chief General Manager,Mine-I, NLC,Neyveli.

7)A.R.Ramachandran,the enquiry officer,NLC,Neyveli

8)Thiru.Paramasivam,the former CGM,TPS-I.Neyveli.

9)Thiru.Sureshbabu,the G.M,TPS-I,Neyveli. ----------Respondents/Respondents.

AFFIDAVIT FILED BY THE 1 st PETITIONERS ON HER BEHALF AND ON BEHALF OF THE 2 ND PETITIONER.

1. I, the 1st petitioner Mrs.P.Chandira aged about 47 years is working as

an Assistant Engineer(H) Nabard and Rural Roads, Panruti and the wife of the 2nd

petitioner, Er.R.Thangavel,is aged about 56 years, Chief Manager Neyveli Lignite

Corporation, First Thermal Power Station, Neyveli residing at E-77,Anna Road,

Block-27, Neyvei-3 is sincerely and solemnly state as follows:

2. The 2nd petitioner humbly pray that this Hon’ble High Court may please

to permit the 1st petitioner his power of Attorney and wife Mrs.P.Chandira to

represent this case on behalf of the 2nd petitioner as she knows the facts and

circumstances of the case very well and represented the cases on behalf of the

second petitioner in W.P.No:17124/08, Writ.ReviewNo:103/08, Writ Appeal

SRNo: 15515/09, Writ Appeal in WANo: 282/09, Writ Appeal Review No: 37/09

and the 2nd review Petition. The copy of the Notary attested Power Attorney is

submitted before this Hon’ble High Court. As the 1st petitioner is the witness to

state Vigilance and NLC management witness against Er.Ananthakrishnan and

Thiru.Natarajan 2nd petitioner is victimised.

3. The 2nd petitioner studied Bachelor of Engineering Degree in Mechanical in

Coimbatore Institute of Technology, Coimbatore in the year of 1981 and Master of

Engineering, Design in Government College of Technology, Coimbatore in the

year of 1983. The 2nd Petitioner worked as Lecturer in Coimbatore Institute of

Technolgy, Coimbatore. The 2nd petitioner joined his duty as Graduate Engineer

Trainees on 15/11/1983 in esteemed Neyveli Lignite Corporation. The 2nd

petitioner was promoted as Assistant Executive Engineer on 01.06.1985, Executive

Engineer on 01.09.1989 and Deputy Superintendent (Scale), Senior Executive

Engineer on 01.09.1993. The 2nd petitioner availed Lien Service, Foreign Service

(Lien) in abroad in the period of 19.09.2001 to 30.10.2003 after relieving from the

Neyveli Lignite Corporation on 18.09.2001. The 2nd petitioner rejoined his duty

back to Neyveli Lignite Corporation on 31.10.2003.

4. The 2nd petitioner was promoted as Deputy Chief Engineer E5 with

effect from 01.09.1997 by paper movement before the Departmental Promotion

Committee for his four years of his service completion as Senior Executive

Engineer, the Deputy Superintendent (Scale) 01.09.1993 to 30.08.1996. The 2nd

petitioner was promoted as Additional Chief Manager Scale E6 on 01.07.2005 and

subsequently on Additional Chief Manager, M-1 Grade/E6 on 01.07.2006.

5. In the mean time the petitioners purchased a land to construct an

apartment under PPA rules and regulation in the year of 2008 jointly with some

other Neyveli Lignite Corporation employees on 13.03.08 through Natarajan, the

Chief Technician, Neyveli Lignite Corporation, Neyveli. Thiru.Ananthakrishnan is

also the one of the purchaser in Pondy. Thiru.Natarajan, the Chief Technician and

Thiru.Ananthakrishnan is doing real estate business from 2008. In the mean the 1st

petitioner was posted to Rajasthan Barshingsar Project on 02.04.08 by Neyveli

Lignite Corporation Proceeding. The petitioners submitted several representations

to the Neyveli Lignite Corporation Chairman-Cum-Managing Director of Neyveli

Lignite Corporation and all the Directors of Neyveli Lignite Corporation to permit

to continue the 2nd petitioner to do his duty at Tamilnadu until FIRNo: 10/03 filed

by the Vigilance Anti-Corruption Department is pending as the 1st petitioner is

witness to Tamilnadu State Vigilance Department subsequent orders in

W.P.No:26463/01 Dated: 04.03.02, 14.03.02, 23.04.03 and 24.06.03.

6. When the 2nd petitioner were went to his native for her mother’s death six

month ceremonial function at his native he was deemed to be relieved on 14.04.08

without serving the Transfer order. The 2nd petitioner submitted a representation on

18.04.08 to the Director (Power) and the Chairman-Cum-Managing Director of

Neyveli Lignite Corporation to permit to continue his duty at Neyveli. Further the

petitioners planned to purchase an apartment at Chennai Valasarawakkam on

14.05.08 through Thiru.Natarajan. The Director (Power) permitted the 1st

petitioner to continue the duty up to 14.07.08 in his proceeding on 22.05.08.

7. The 1st petitioner filed a defamation case in C.C.No:314/02 on 08.10.02

before the Judicial Magistrate Court-II, Chidambaram against a)

Thiru.Tamilselvan, the former Divisional Engineer (H) (Regular) Cuddalore b)

Thiru.Ponnselvan, the former Assistant Divisional Engineer (H) (Regular)

Chidambaram c) Thiru.Haribabu, the former Junior Engineer (H), Nabard and

Rural Roads, KattumannarKovil. Subsequently the 1st petitioner filed 91CRPC

before the Judicial Magistrate Court-II, Chidambaram on 29.01.2003 and is still

pending and hence the transfer OP No: 4787/14 is filed before the Judicial

Magistrate Court-II, Chidambaram to the District Munisiff Cum Judicial

Magistrate Court, Neyveli.

8. The 2nd petitioner filed a W.P.No:17124/08 on behalf of the 1st

petitioner before this Hon’ble High Court on 14.07.08 with M.P.No:1/08 to

dispense the transfer order and to stay the transfer order in M.P.No:2/08 against a)

The Director (Power) NLC, Neyveli b) The DGM (P&A) NLC, Neyveli c) The

General Manager, Thermal Power Station-I, Neyveli d) The DGM (P&A) Welfare,

NLC, Neyveli e) The Chief Manager (P&A) Neyveli. The Hon’ble High Court

granted an interim stay in M.P.No:2/08 in W.P.No:17124/08 on 05.08.08.

Subsequently the 1st petitioner was permitted to continue duty at First Thermal

Power Station, Neyveli on 08.08.08. In order to prove the malafide act of

respondents in M.P.No:2/08 in W.P.No:17124/08 ,the 2nd petitioner filed

M.P.No:4/08 in individual capacity and to extend the stay in M.P.No:5/08 before

the Hon’ble High Court on 13.08.08. During the hearing on 18.08.08 the Hon’ble

High Court permitted the implead petition in M.P.No:4/08 and added the six to

tenth respondents in individual capacity and extended the stay petition in

M.P.No:5/08 until further orders.

9. The 2nd respondent DGM (P&A) filed counter in M.P.No:3/08 on

behalf of the 1 to 5 respondents in official capacities in W.P.No:17124/08. The

respondents in individual capacity has not filed counter in W.P.No:17124/08.

During the hearing on 01.09.08 the Hon’ble High Court dismissed the

W.P.No:17124/08 with the direction to the 2nd respondent DGM (P&A) to consider

the grievances in accordance with law. The 2nd petitioner was forcefully relieved

on 05.09.2008 by the Neyveli Lignite Corporation. The 2nd petitioner filed Writ

Review No: 103/08 with M.P.No:1/08 on 06.09.08. The Hon’ble High Court

issued notice to the ten respondents to file counter in M.P.No:1/08. The proof of

the Private notice also filed before the Hon’ble High Court High Court. During the

hearing on 18.09.08 the case is argued without counter by the one to ten

respondents and the case is adjourned for judgements. The Hon’ble Court passed

an order in Writ Review No: 103/08 without any order in M.P.No:1/08 without the

knowledge of the petitioners on 24.09.08. In the mean time the petitioners arranged

for an advocate N.R.R.Natarajan from Mrs.Nalini Chidambaram madam office.

The advocate issued contempt notice to the NLC management Chairman-Cum-

Managing Director of Neyveli Lignite Corporation, to the Directors and DGM,

(P&A) of Neyveli Lignite Corporation. Further the 1st petitioner filed a Writ

Petition against the 1st respondent herein the Chairman-Cum-Managing Director of

Neyveli on 14.05.2009 and the 2nd petitioner filed contempt petition which is

numbered as Cont.Pet.No:483/09 on 01.06.09. Even though the 1st petitioner filed

Writ Petition on 14.05.09 and 2b petition on 27.05.09 to add the 2nd petitioner in

the single writ petition, the Writ Petition was numbered in the 2nd petitioner name

only in W.P.No:11001/09 to call for the records on the file of

CORP/P&A/EE/0502/2008 Dated: 15.09.08 on the file of CGM (P&A) and all

further proceedings initiated by the Neyveli Lignite Corporation.

10. In the mean time the 1 st respondent has not conducted DPC in the year

of 2009. In the mean time the Project head, Rajasthan has issued a illegal charge

memo to the second petitioner. Even though the 1st respondent permitted the 2nd

petitioner to attend DPC in the year 2010, because of the illegal charge memo

created by the Project head the second petitioner was not promoted as Chief

Manager. Even though the 1st respondent permitted the 2nd petitioner to attend DPC

in the year 2011, because of the illegal charge memo created by the Project head

the 2nd petitioner was not promoted as Chief Manager. The 1st petitioner submitted

complaints on 27.05.2012 to the 2nd respondent herein against

Thiru.Ananthakrishnan and Thiru.Natarajan .The 2nd respondent directed the Chief

Manager Thiru.Sivashanmugham to conduct the preliminary enquiry on

14.05.2012 .The 1st petitioner submitted seventeen pages of documents along with

three pages of written statement. The 2nd petitioner was promoted as Chief

Manager Scale E6A on 01.07.2012 and subsequently on Chief Manager, M-2

Grade/E6A on 01.07.2013.

11. The 1st petitioner filed a Writ Petition before this Hon’ble High Court

on 07.10.2012 with twelve orders 1)FI.R.No:10/03 filed by the Vigilance and Anti-

Corruption Department, Cuddalore 2) The order of the Hon’ble High Court in

W.P.No:17124/08 Dated: 01.09.08 3) The order of the Hon’ble High Court in

Writ.Review.No:103/08 Dated: 24.09.08 4) The Secretary,Highways and Minor

Ports Department Lr Dated:13.10.08 5) The order of the Hon’ble High Court in

W.A.No:282/09 Dated: 18.03.09 6) The order of the Hon’ble High Court in Writ

Appeal Review.No:37/09 Dated: 30.04.09 7) The 2b Petition in SRNo:41218

Dated:27.05.09 8)The substituted order of the Hon’ble High Court in

W.P.No:17124/08 Dated: 02.07.09 9) The substituted order of the Hon’ble High

Court in W.P.No:17124/08 Dated: 07.08.09 10) To set aside the order of the CJM

Court,Cuddalore order: dated:01.12.09 11) The order of the Hon’ble High Court in

W.P.No:11001/09 Dated: 13.02.09 12) The order of the Hon’ble High Court in

Crl.O.P.No:22241/11 Dated: 11.11.11.The 1st petitioner filed a Writ Petition in

W.P.No:11001/09 against the CMD,NLC,Neyveli which is numbered in the second

petitioner by the Registrar(Judicial) with the influence of the Principle

Secretary,Highways and Minor Ports Department,Secretariat,Chennai-9, the Chief

Judicial Magistrate Court,Cuddalore and the Inspector of Police,V&AC,Cuddalore

and caused undue harassment to the petitioners. Hence the petitioners filed this

Writ Petition on 07.10.2012 to regularise the period of the petitioner and her

husband with damaged remedy and relief and thus render justice.

12. In the reasons stated the first petitioner humbly prayed on 07.10.2012

that this Hon’ble High Court may please to direct the CMD,NLC,Neyveli which is

numbered in the second petitioner by the Registrar(Judicial) with the influence of

the Principle Secretary,Highways and Minor Ports Department,Secretariat,

Chennai-9, the Chief Judicial Magistrate Court,Cuddalore and the Inspector of

Police,V&AC,Cuddalore to file their report before this Hon’ble High Court based

upon the above case bundles and the representations submitted to them within the

stipulated period of time until disposal of the writ petition on 07.10.12 and thus

render justice.

13. In the reasons stated the first petitioner humbly prayed on 07.10.2012

that this Hon’ble High Court may please to issue the Writ of Certiorari or any other

Writ calling for the records on the file of respondents in 1)FI.R.No:10/03 filed by

the Vigilance and Anti-Corruption Department, Cuddalore 2) The order of the

Hon’ble High Court in W.P.No:17124/08 Dated: 01.09.08 3) The order of the

Hon’ble High Court in Writ.Review.No:103/08 Dated: 24.09.08 4) The

Secretary,Highways and Minor Ports Department Lr Dated:13.10.08 5) The order

of the Hon’ble High Court in W.A.No:282/09 Dated: 18.03.09 6) The order of the

Hon’ble High Court in Writ Appeal Review.No:37/09 Dated: 30.04.09 7) The 2b

Petition in SRNo:41218 Dated:27.05.09 8)The substituted order of the Hon’ble

High Court in W.P.No:17124/08 Dated: 02.07.09 9) The substituted order of the

Hon’ble High Court in W.P.No:17124/08 Dated: 07.08.09 10) To set aside the

order of the third respondent dated:01.12.09 11) The order of the Hon’ble High

Court in W.P.No:11001/09 Dated: 13.02.09 12) The order of the Hon’ble High

Court in Crl.O.P.No:22241/11 Dated: 11.11.11 and consequently quash the illegal

proceedings of respondents on public interest to prevent the misuse of Government

funds and to regulate the period from the date of transfer order issued to the second

petitioner to the date of his joining duty as duty period and promote him as Deputy

General Manager and regularization of Period 08.06.09 to 25.10.09 as duty to the

first petitioner and promote the petitioner as Assistant Divisional Engineer and the

compensation to the petitioners as this Hon’ble High Court may deem fit and

proper in the circumstances of the case and thus render justice.

14. The 1st respondent arranged for the departmental enquiry against

Thiru.Ananthakrishnan and Thiru.Natarajan in the month of January- 2014. When

the first petitioner had a plan to attend enquiry against Thiru.Ananthakrishnan at

Rajasthan Barshingsar Project with the second petitioner, an accident happened at

First Thermal Power station on 20.05.2014 which is registered as FIRNo:59/14 by

the Inspector of Police, Thermal Power Station,Neyveli on the file of District

Munisiff Cum Judicial Magistrate Court,Neyveli and subsequently the first

petitioner was threatened on 24.05.2014 and falsely implicated in C.C.No:41/14

before the Judicial Magistrate Court-II,Panruti which was transferred to the District

Munisiff Cum Judicial Magistrate Court,Neyveli. The 2nd petitioner submitted

twenty three pages of documents by fax to the departmental internal enquiry

officer, Rajasthan Barshingsar Project against Thiru.Ananthakrishnan. The 2nd

petitioner submitted nineteen documents to the departmental external enquiry

officer,A.R.Ramachandran against Thiru.Natarajan which is conducted in

Tamilnadu.

GROUNDS.

15) The 1st petitioner submitted complaints dated: 27.05.2012 to the

second respondents to take necessary action against Thiru.Ananthakrishnan and

Thiru.Natarajan. The second respondent had taken necessary steps to conduct an

enquiry through the 1st respondent department against Thiru.Ananthakrishnan

through departmental internal enquiry officer and an enquiry against

Thiru.Natarajan against through external enquiry officer Thiru.A.R.Ramachandran.

The respondents failed to serve the details of the action taken by them based upon

the complaints submitted by the petitioner to them is in violation of Principles of

Natural Justice and against law. Even though the 1st petitioner requested the details

the presenting officer advised to get the details under Right to Information

Act2005. The 1st petitioner submitted an application under Right to Information

Act 2005 to the Central Public Information officer, Neyveli Lignite Corporation.

As the Central Public Information has not provided the details an appeal has been

submitted to the Appellate Authority, Right to Information Act2005.As the

Appellate authority also has not submitted the details the 2nd Appeal submitted

before the Central Information Commissioner to get the details and the respondents

are causing undue harassment to the petitioners in different ways.

16) The Hon’ble High Court passed an order in W.P.No:17124/08 on

01.09.08 and substituted on 02.07.09 and 07.08.09. The period between 01.09.08

to 07.08.09 is stay existing period.

17) The petitioner filed M.P.No:1/08 in Writ Review No:103/08 on

06.09.08.The Hon’ble High Court issued notice to the respondents in

M.P.No:1/08.The Hon’ble High Court has not passed any orders in M.P.No:1/08 in

Writ Review No:103/08.

18) The 1st petitioner humbly submits that the Postal department receipt

despatched from NLC management on 12.03.09 through the post office in vide

serial No:A687 to the 2nd petitioner, in vide serial No:688,to the District

Collector,Cuddalore and in vide serial No:689,to the Secretary, Highways/Govt of

Tamilnadu Highways Department,Secretariat,Chennai-9.

19) The 1st petitioner humbly submits that the Central Public Information

officer Letter No: PRD/CPIO/0062/2008-6 Dated: 08.07.2008. As per the terms

and conditions of appointment and promotion orders of the employees, they are

liable to be transferred to any branch/Department/subsidiaries/undertaking of the

Corporation situated anywhere in India. There is a need of experienced and

dedicated executives at the Project site for coordinating and executing various

activities for smooth implementation of the Project. Barshingsar Project at

Rajasthan is an upcoming and Prestigious, Mining-Cum-Power Project of NLC and

several senior and experienced executives have been transferred so as to

commence the project of NLC and several senior and experienced executives have

been transferred so as to commence this project as envisaged as per schedule.

Transfer is administrative decision and Prerogative of the Management and

transfer orders are issued deployment of employees who well experienced and

trained, so as to get best results for the Organisation. The 2nd petitioner as per the

direction of the Hon’ble High Court joined his duty on 19.08.09 and submitted a

representation to the 1st respondent to regularise the litigation period as duty and

promote the 2nd petitioner as Deputy General Manager and performed his duty for

the period of two years at Rajasthan Barshingsar Project.

20) The 1st petitioner humbly prayed on 07.10.2012 that this Hon’ble High

Court may please to direct the CMD,NLC,Neyveli which is numbered in the

second petitioner by the Registrar(Judicial) with the influence of the Principle

Secretary,Highways and Minor Ports Department,Secretariat,Chennai-9, the Chief

Judicial Magistrate Court,Cuddalore and the Inspector of Police,V&AC,Cuddalore

to file their report before this Hon’ble High Court based upon the above case

bundles and the representations submitted to them within the stipulated period of

time until disposal of the writ petition on 07.10.12 and thus render justice.

21) The 1st petitioner humbly prayed on 07.10.2012 that this Hon’ble High

Court may please to issue the Writ of Certiorari or any other Writ calling for the

records on the file of respondents in 1)FI.R.No:10/03 filed by the Vigilance and

Anti-Corruption Department, Cuddalore 2) The order of the Hon’ble High Court in

W.P.No:17124/08 Dated: 01.09.08 3) The order of the Hon’ble High Court in

Writ.Review.No:103/08 Dated: 24.09.08 4) The Secretary,Highways and Minor

Ports Department Lr Dated:13.10.08 5) The order of the Hon’ble High Court in

W.A.No:282/09 Dated: 18.03.09 6) The order of the Hon’ble High Court in Writ

Appeal Review.No:37/09 Dated: 30.04.09 7) The 2b Petition in SRNo:41218

Dated:27.05.09 8)The substituted order of the Hon’ble High Court in

W.P.No:17124/08 Dated: 02.07.09 9) The substituted order of the Hon’ble High

Court in W.P.No:17124/08 Dated: 07.08.09 10) To set aside the order of the third

respondent dated:01.12.09 11) The order of the Hon’ble High Court in

W.P.No:11001/09 Dated: 13.02.09 12) The order of the Hon’ble High Court in

Crl.O.P.No:22241/11 Dated: 11.11.11 and consequently quash the illegal

proceedings of respondents on public interest to prevent the misuse of Government

funds and to regulate the period from the date of transfer order issued to the second

petitioner to the date of his joining duty as duty period and promote him as Deputy

General Manager and regularization of Period 08.06.09 to 25.10.09 as duty to the

1st petitioner and promote the petitioner as Assistant Divisional Engineer and the

compensation to the petitioners as this Hon’ble High Court may deem fit and

proper in the circumstances of the case and thus render justice.

22). The 1st petitioner submitted to amend the prayer petition before this

Hon’ble High Court,Chennai to set-aside the order passed by the Hon’ble High

Court on 30.03.2012 to direct the State represented by the Secretary,Highways and

Minor Ports Department,Secretariat,Chennai to recover the loss to Government

money from the Partners of Sridevi Enterprises, Contractor,Chennai and from

Thiru.Haribabu,the Junior Engineer,Highways,Nabard Section,KattumannarKovil

and consequently if the Hon’ble High Court may please to direct the

CMD,NLC,Neyveli to regulate the period as duty and promote him as Deputy

General Manager and to pass a policy to not to transfer an employee whose spouse

are working in Tamilnadu the State represented by the Secretary,Highways and

Minor Ports Department,Secretariat,Chennai to grant the monetary benefits to the

1st petitioner as Assistant Divisional Engineer with effect from 17.06.2002 on

which loss to government money is proved in W.P.No:26463/01 and consider

Meritorious Promotion as Divisional Engineer and thus render justice. The copy of

the Petition,affidavit and typed submitted before this Hon’ble High Court. As the

first petitioner seeking legal justice from the year of 2001,the 2nd petitioner are

victimised by the respondents with influence of so many people mentioned in

Crl.O.P.No:6002/15 before this Hon’ble High Court on 06.03.2015. The 1st

respondent in Crl.O.P.No:6002/15 is the Director,Vigilance and Anti-Corruption

Department,Neyveli and the eighth respondent the Inspector of Police, Vigilance

and Anti-Corruption Department,Cuddalore only filed counter on 30.03.2015 out

of fourteen respondents.

23) The 3rd respondent recently implemented the rating of NLC employees

through Bell Curve. The 2nd petitioner is even though done his work out standing,

the DGM awarded as “Very Good” rating and the CGM award the rating as

“Good”. The respondents are keeping the rating of NLC employees in a

confidential manner. The aggrieved about the rating the 2nd petitioner submitted an

appeal through proper channel. The respondents without hearing the 2nd petitioner

and without serving the copies of the rating of DGM and CGM reduced the rating

of the 2nd petitioner on the wreck vengeance as the 1st petitioner submitted

compliants against Thiru.Ananthakrihnan and Thiru.Natarajan to the 2nd

respondent on 27.05.2012 violating the “Principles of Natural Justice.”. The

respondents inordinately delayed to take action from 27.05.2012 against

Thiru.Ananthakrishnan and Thiru.Natarajan reduced the rating of outstanding

employee who has attended duty more than others 256 days during review period

2013-14 against the minimum eligibility days of 220 days for Performance Related

Pay without availed medical leave and Earn leave and sincerely done his service

for the Corporation. Instead of maintaining transparency in administration and

keeping the rating of an employee in confidential manner affects the right of the

employees in the Corporation which creates the misuse of power in the

Corporation. The respondents failed to act in accordance with law and caused

undue harassment to the both the petitioners and only due to wreck vengeance on

seeking legal remedy through this Hon’ble High Court,Chennai. The respondents

failed to consider the representations of the both the petitioner and violated the

“Principles of Natural Justice”in turn Art14 and 16 of our Indian Constitutional

Law and inordinately delayed in Displinary Proceedings of Er.Ananthakrihnan

and Thiru.Natarajan and against the 2nd petitioner and caused undue harassment to

both the petitioners.

24) The departmental enquiry officer closed the enquiry stating that the no

charges proved against the second petitioner and it is not necessary to call for the

records from the department.The petitioners submit the copy of the enquiry

proceedings by the 2nd petitioner in presence of the presenting officer, CM,

Personnel,Neyveli Lignite Corporation,Barshingsar Project,Neyveli.The ninth

respondent inordinately delayed to take necessary steps in passing final orders in

the Disciplinary Proceedings against the 2nd petitioner.The eight respondent

wrongly reduced the rating of the 2nd petitioner as “Good”instead of maintain the

rating of DGM as very good or to fix as “Outstanding.” Even though the 2nd

petitioner clearly explained about the reasons for reducing the rating the ninth

respondent refused to take necessary steps in accordance with law and their acts

are tainted with malafide. An incident happened in the first thermal power station

on 20.05.14 and the first thermal power police has registered case in

F.I.R.No:59/14.The eighth respondent is awarding the rating of the second

petitioner based upon the report of the Deputy General Manager for the period of

2013-14,1st of April2013 to March-31of 2014 and reduced the rating of the 2nd

petitioner as “good”as he has not reported to the police station without knowing the

facts and circumstances and without hearing the 2nd petitioner. The eighth

respondent reduced the rating for the incident of May2014. The eighth respondent

is the factory manager he has to report the factory accident to the police station and

to the District Munisiff and Judicial Magistrate Court, Neyveli. The eighth

respondent instead of acting in accordance with company personnel manual he

forced all to report to the police station. The statement of the eighth respondent

about the factory accident creates so much of confusion about the accident. Three

peoples lost their life in the accident.Hence the department has initiated

departmental disciplinary proceedings against some officials after conducting five

member committee enquiry report. When the 2nd petitioner was in a position to

attend enquiry against Thiru.Ananthakrishnan at Rajasthan and against

Thiru.Natarajan at Tamilnadu.The 2nd petitioner planned to go with the 1st

petitioner to attend enquiry at Rajasthan. Subsequently the 1st petitioner was falsely

implicated in C.C.No:41/14 before the Judicial Magistrate Court-II,Panruti and

threatened by the Inspector of Police,Pudhupet on 24.05.2014. Mrs.Radhika,the

S.P,Cuddalore District failed to take action against Thiru.Ananthakrishnan and

against Thiru.Natarajan even though the matter was published in the paper.

25) The petitioners humbly prayed that this Hon’ble Court may please to

direct the respondents to must have fixed the Annual Performance rating of the

second petitioner for the year 2013-14 as “out standing ”instead of “good”which

was erroneously awarded by the eight respondent and the ninth respondent also not

rectified in the Appeal.

26) The petitioner humbly prayed that this Hon’ble Court may please to

note that the respondent must have fixed the seniority of the Engineers based upon

their date of Joining at Rajasthan Barshingsar Project as the public information

stated that the outstanding candidates are posted for Rajasthan Barshingsar Project.

The petitioners humbly prayed that this Hon’ble High Court may please to direct

the details of the action taken by the nine respondents based of the representations

of the petitioners from 16.04.08 to till date as the respondents refused to permit to

peruse the records and the fourth respondent failed to provide under Right to

Information act2005 and thus render Justice.

27) In the above circumstance the petitioners humbly prayed that this

Hon’ble High Court may please to direct the respondents to keep one post vacant

in Deputy General Manager for which the 2nd petitioner must have promoted with

effect from 18.08.09 the date of joining at Barshingsar Project,Rajasthan until

disposal of this writ petition and thus render Justice.

28) In the above circumstances the petitioners humbly prayed that this

Hon’ble Court may please to issue a writ of certiorari calling for the records of the

nine respondents to promote the second petitioner as the Deputy General Manager

from 19.08.09 as he joined his duty at Barshingsar Project, Rajasthan as directed in

W.A.No:282/09 and regularize the period as duty from the date of transfer order

02.04.08 to 18.08.09 and consequently quash

1) the Disciplinary Proceedings No: 7596/NLC/ BP/P&A/Disp/08 Dated: 11.11.08

against the 2nd petitioner

2) the Annual Performance rating of the 2nd petitioner for the period 2013-14 as

“good” which is erroneously awarded by the eighth respondent instead of “out

standing”

with the adequate compensation to the both the petitioner for the

loss, not tolerable mental agony,threatening,undue harassment suffered due to the

acts of the nine respondents deem fit and proper in the facts and circumstances of

the case with consequential benefits and thus render justice.

Sincerely and solemnly as sworn 1st Petitioner Party-in-Person

On 22.02.2015 at Chennai 2nd Petitioner through his wife&Power