The Hindu Business Line : Issuing memo for approaching court unconstitutional: HC

Chennai, Aug 27 The Madurai Bench of Madras High Court has come down heavily on an executive engineer (operation and maintenance), TNEB, for his action in issuing a memo to an employee of the Board for filing a writ petition in the High Court challenging a portion of an award dated May 30, 2001 by Labour Court, Tiruchi.

Mr Justice K. Chandru, who heard petitions from employee, held that it was unthinkable as to how the EE could take exception to petitioner in having come to this court by filing writ petition. It was a constitutional right conferred on citizens of India, and for exercising their right, the respondent Board could not take any exception to same. “The conduct of 1st respondent (EE) in giving the memo is highly reprehensible and also contemnatious”.

The petitioner had filed a writ petition against the show cause memo given to him by EE, who had called for explanation from him for approaching this court. In impugned notice, EE had said that when petitioner sought permission to move this court, it was refused, and in spite of that, petitioner had filed petition, and therefore, his conduct was reprehensible.

The judge said that day after day hundreds of employees of EB were coming to court for getting relief against Board’s action. It was unthinkable as to how EE could take exception to petitioner in taking up issue with court. The impugned order of EE was arbitrary and violative of Article 14 of Constitution, and therefore, the memo would stand quashed, Judge held.

For conduct of EE in giving such a memo, he could not be allowed to go scot-free, judge ruled. Therefore, EE was directed to pay a cost of Rs 2,000 to petitioner for having issued memo. The writ petition was allowed.

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