Effective management of Court cases to safeguard the interests of TANGEDCO and Government – Instructions – Issued – Status Report called for

TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED

Legal Cell
144 Anna Salai,
Chennai – 2.

Circular Memo.No. 54208/C4/C42/2015-1, dated 23.09.2015.

Sub: TANGEDCO – Effective management of Court cases to safeguard the
interests of TANGEDCO and Government – Instructions – Issued –
Status Report called for – Regarding.

Ref: 1. Chief Secretary to Government D.O.Letter No.26483/L.O./2015-6
Public (Law Officers) Department, dated 13.08.2015.
2. Government’s Letter No.6500/E2/2015-4, Energy (E2) Department,
dated 24.08.2015.

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In the D.O.letter under reference first cited (copy enclosed), the Government have issued, inter-alia, the following instructions for immediately compliance :-

(a) Counter affidavit shall be filed at the earliest for all Court cases and especially for Writ Petitions/Writ Appeals where Chief Secretary/Secretary (to Government) is cited as the respondent. The normal period shall be 30 days; however if the Court has fixed a hearing within that period, all efforts may be taken to file counter before such next hearing date. Any deviation from this will be viewed seriously.

(b) All cases pending with their departments shall be entered in the Court Case Monitoring System data base available in the URL.

(c) Periodical review meeting in respect of pending Court cases shall be conducted. In such reviews, the contempt cases and important cases likely to embarrass the Government/to cause significant financial implications should be reviewed critically and to take effective steps for early issue of favourable orders by the Court.

(d) The progress with reference to management of cases will be reviewed by Chief Secretary on monthly basis. Therefore, the Secretaries shall send the status report with reference to Writ Petition/Writ Appeal/Contempt Cases as on 1st of every month in the prescribed format (as in Annexure I, I(A), II, II(A) & III) on or before 7th of the same month to Public (Law Officers) Department.

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2. In this connection, all Superintending Engineers, Chief Engineers, Chief Financial Controllers, Chief Internal Audit Officer and Secretary and such other officers equivalent in rank are directed to adhere to the following :-

(I) FILING COUNTER AFFIDAVITS

(a) All the cases filed against/by the Corporations and every subsequent development of the cases should be entered in the Legal Cases Monitoring System deployed in the TANGEDCO/TANTRANSCO URLs.

(b) The Writ Petitions/Writ Appeals, where either Chief Secretary to Govt./GoTN or Secretary to Govt., Energy/GoTN or any other Secretary to the Govt./GoTN is a party should be identified and reviewed by the SE/CE/CFC/CIAO/Secretary, as the case may be, concerned during 4th week of every month and a monthly report should be sent in the formats annexed positively on the last day of such English Calendar month so as to send a consolidated report to the Government in the first week of succeeding month. The Under Secretary/Codes and Retirement Benefits/Chennai-2 shall be the Nodel Officer. His email id is : uscrblegal@tnebnet.org and his contact number : 044-28520131 Extn.2176. All returns shall be sent through email and also a post copy be sent to him on the 1st day of every month.

(c) A Court Case Register should be maintained at every office and updated then and there.

(d) The SE/CE/CFC/CIAO/Secretary concerned should nominate a Nodel Officer, from among their subordinate officers, for proper communication and effective follow-up of Court cases and such Nodel Officer should co-ordinate with the Under Secretary/Codes & Retirement Benefits, Secretariat Branch so as to receive, compile and forward the report to the Government. Insofar as Distribution Circle is concerned, the Executive Engineer/General shall be nominated as the Nodel Officer.

(e) In all pending cases, where the Chief Secretary to Govt./GoTN or Secretary to Govt./Energy/GoTN or any other Secretary to Govt./GoTN is a party, the SE/CE/CFC/CIAO/Secretary concerned shall ensure that necessary counter affidavit is filed immediately without any further delay.

(f) In all pending cases, where the TANGEDCO/TANTRANSCO officials alone are parties, the SE/CE/CFC/CIAO/Secretary concerned shall ensure that necessary counter affidavit is filed immediately without any further delay.

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(g) In all new cases, where the Government is a party, counter affidavit should be filed within thirty days or within the next date of hearing, whichever is earlier.

(h) In all other new cases, counter affidavit should be filed within ninty days or within the next date of hearing, whichever is earlier.

(i) The Standing Counsels shall extent their full co-operation in every respect so as to file the counter affidavits by the officials in time.

(II) RECEIPT OF ORDERS, COMPLIANCE OR FILING APPEAL, ETC.

(a) The Standing Counsels shall ensure that necessary copy application is filed before the Court for issue of certified copy of the order/judgment (including interim orders) on the day of rendering orders/judgment by the Court.

(b) On receipt of the certified copy of the order/judgment, the Standing Counsel shall communicate the same to the office concerned immediately.

(c) The Standing Counsel, along with the certificate order copy, shall send his opinion/remarks to the officials concerned on the further course of action, i.e., filing counter affidavit, whether an appeal/review may be filed or the order may be complied with.

(d) The Standing Counsel shall also, in every such opinion, indicate the exact date within which the order/judgment of the Court requires to be complied and the exact date before which the order/judgment requires to be appealed/reviewed, so that the officials concerned will know the deadline within which action will have to be taken by them, which will certainly avoid delays in filing counter affidavit together with vacate stay petition, compliance, preferring appeal/review and more particularly initiation of contempt proceedings.

(e) The SE/CE/CFC/CIAO/Secretary concerned shall ensure that the copy of judgment/order is received then and there and further course of action is taken to file counter affidavit, comply the order or to file appeal/review within the statutory time allowed.

(f) On receipt of instructions from the officials of the Corporations, the Standing Counsels shall file counter affidavit/writ petition/writ appeal/review, etc. immediately and to communicate the SR No. issued by the registry to the officials concerned.
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(g) The Standing Counsels shall ensure that the counter affidavit/writ petition/writ appeal/review, etc. shall cross the SR stage then and there and the vacate stay petition, writ petition, writ appeal, review, etc. got numbered, listed before the Court and interim order as may be required is obtained pending disposal of such writ petition, writ appeal, review, etc.

3. The above orders shall be followed scrupulously for ensuring the interest of the Corporations/Government of Tamil Nadu.

(By Order of the Chairman-cum-Managing Director/TANGEDCO)

R.Balaji,
Secretary.
To
The Superintending Engineers/TANGEDCO & TANTRANSCO
The Chief Engineers/TANGEDCO & TANTRANSCO
The Chief Financial Controllers/TANGEDCO & TANTRANSCO
The Chief Internal Audit Officer/TANGEDCO.
The Secretary/TANGEDCO
Copy to
The Managing Director/TANTRANSCO
The Directors/TANGEDCO/
(Distribution, Generation, Projects, Finance)
The Directors/TANTRANSCO/
(Transmission Projects, Operation and Finance)
The Legal Adviser, TANGEDCO, Chennai-2.
The Company Secretary/TANGEDCO & TANTRANSCO.
The EA to CMD/TANGEDCO.
The Deputy Chief Engineer/Administrative Branch/TANGEDCO
The Director/Computer Centre.
The Deputy Secretaries/Personnel, Administration and Vigilance)
The Senior Personnel Officers (Labour, Recruitment and Inspection)
The Financial Controllers/TANGEDCO at Headquarters.
The Private Secretaries to CMD, Directors, IGP, Secretary & Legal Adviser.
All Standing Counsels/TANGEDCO
The Under Secretary/Codes and Retirement Benefits/Chennai-2.
The Assistant Legal Advisers/Legal Cell
The Senior Administrative Officer/Legal Section/Madurai
The Section Officers/Legal Section/Chennai & Legal Cell
The Assistant Personnel Office
r/Tamil Development for publication in
TNEB Bulletin (2 copies).
:: Forwarded :: By Order ::

Section Officer.

THANKS TO TNEBEU