From

R.Thangavel,M.E.,

Represented by his wife and Power of Attorney,

The Chief Manager, TPS-I, CPFNo: 27329,

NLC,Neyveli- 3,

Cuddalore District.

To

The Director (HR),

Neyveli Lignite Corporation,

Neyveli.

Respected Sir,

Sub: Monetary benefits of Deputy General Manager from 19.08.09, the Date of

Joining at Rajasthan Barshingsar Project-Regularisation of period as duty

As the charge memo 7596/NLC/BP/P&A/Displ/2008 Dated: 11.11.08

issued is illegal and inordinate delay as per central vigilance commission

manual -ACR Rating as “Out standing” as per Apex Court Judgement in

Civil Appeal 7631/02 and consequential benefits-to Promote as Deputy

General Manager or General Manager-Reg.

Ref: 1) Lr.No:5617/P&A II-4/91-22 by DGM (P&A), NLC. Dated:22.08.91.

2) Corp/P&A/502/355/08-28 DGM (P&A), NLC, Neyveli Dt:02.04.08

3) NLC CPIO Lr.No:PRD/CPIO/0062/2008-6 Dt: 08.07.08

4) W.P.No:17124/08. Dated:01.09.08

5) Lr.No: CORP/ CGM/P&A/EE/0502/2008 Dated: 15.09.08

6) Review No: 103/08 without any order in M.P.No:1/08.Dt:24.09.08

7) Representation to CMD on 24.12.08

8) 7596/NLC/BP/P&A/Displ/2008 Dated: 11.11.08

9) WASRNo: 15515/09 Dated: 04.03.09

10) Postal Department communication Dated: 12.03.09

11) 2b Petition dated: 27.05.09

12) WPNo: 11001/09 Dated: 24.06.09

13) Substituted order in W.P.No:17124/08 Dated:02.07.09

14) 2nd Substituted order in W.P.No:17124/08 Dated: 07.08.09

15) Disciplinary enquiry Dated: 10.09.09

16) Enquiry officer Report Dated: 16.09.09

17) Denied Report by me Dated: 22.10.09.

18) Show cause notice Dated: 06.01.11 by G.M, Disciplinary

Authority,Barsginsar in O.ONo:5801/NLC/BP/P&A/Displ/2011 on 10.01.11

19) Denied Report by me Dated: 18.01.11.

20)Order Dated: 02.02.11 by G.M,Disciplinary Authority, Barsginsar

in O.ONo: 6071/NLC/BP/P&A/Displ/2011.

21) Appeal to Project head, the Appellate Authority on 07.02.11

22) Order Dated: 22.02.11 by the Project head, the Appelate Authority,

Barsginsar in O.ONo: 6354/NLC/BP/P&A/Displ/2011 on 25.02.11.

23) Joined duty back to Neyveli on 23.09.11.

24)Appeal in Rating to Unit Head,Neyveli on 18.10.14 &19.03.15

25) Supreme Court Judgement Civil Appeal 7631/02.

26)Lr submitted to CMD,NLC &CVO,NLC to fix the seniority on 11.02.15.

27) Vigilance Department &CMD,NLC forwaded Director (HR)for necessary

action on 03.03.15.

28) DGM(P&A)Lr.No:CORP/HR/EB(Exec)/517/CM/2014-1 Dt:12.04.15

29) The CVO,NLC,Neyveli Cir.No.CORP/HR/DA/1643/2015 Dt:15.04.15

1. I, P. Chandira, wife of R. Thangavel,CPFNo:27329, who is working as

Chief Manager in Neyveli Lignite Corporation sincerely submits this letter

before the esteemed Neyveli Lignite Corporation on behalf of my husband as

Notary attested power of Attorney.

2. My husband Shri.R.Thangavel’s CPF No is 27329 and he joined in

Neyveli Lignite Corporation on 15.11.83. The board of directors conducted an

interview for selecting the candidate on their outstanding ability for Rajasthan

Barshingsar Project in the year of 1991. My husband Shri.R.Thangavel was

selected and the management has passed an order in Lr.No:5617/P&A II-4/91-

22 by DGM (P&A), NLC. Dated: 22.08.91 with monetary benefits of Next

higher grade. I herewith submit the copy of the letter as first document in the

attachment. As my husband asked job for me in the year 1991,the management

not instructed my husband to join at Rajasthan Project.

3. I am working as an Assistant Engineer in Tamilnadu Highways

Department from 25.01.98. When I was working as an Assistant Engineer in

Highways Department I was forced to do illegal activities punishable under

Indian Penal Codes. Hence I proceeded legally in O.A.No:2113/01 and

subsequently faced W.P.No:26463/01 and got orders in W.P.No:26463/01

Dated: 04.03.02, 14.03.02, 23.04.03 and 24.06.03. I am witness to Tamilnadu

State Vigilance in FIRNo:10/03 filed by the Inspector of

Police,V&AC,Cuddalore on 10.11.03. The inordinate delay in finalising the

case and to permit the accused to escape from clutches of law. Due to the

inordinate delay myself and my husband was harassed in many ways and still

the loss to the Government money has not recovered.

4. When we have planned to purchase an apartment in Pondicherry

through Thiru.Natarajan and Thiru.Ananthakrishnan in Pondicherry on

13.03.08.The General Manager,TPS-I counselled Thiru.Rao and

Thiru.Ananthakrishnan for Rajasthan Transfer in the year of 2008 which was

clearly explained in WANo:282/09 before Chennai High Court. Thiru.Natarajan

and Thiru.Ananthakrishnan planned to construct Pondicherry building in

violation of PPA Rules and Regulations. Thiru.Rao joined duty and

Thiru.Ananthakrishnan name was replaced with my husband in the year of 2008

in Corp/P&A/502/355/08-28 DGM (P&A), NLC, Neyveli Dt: 02.04.08. The

central public information officer in his letter dated:08.07.08 stated that my

husband is outstanding, talented and well experienced candidate need for

Project Site. I herewith submit the copy of the letter as second document in the

attachment.When there are 416 outstanding candidate was available in

Mechanical Discipline, the management transferred my husband. Hence it is

necessary to fix the seniority before 416 Engineers. Subsequently we have

planned to purchase an apartment in Valasaravakkam,Chennai through

Thiru.Natarajan on 14.05.08. The management has passed an extension on

22.05.08 up to 14.07.08. I herewith submit the copy of the seniority list

received through Right to Information Act as third document in the attachment.

As I am witness to Tamilnadu Vigilance Department I faced life threatening

hence myself and husband submitted a letter to the management to main the

“status quo”of the order until FIRNo:10/03 is pending on 11.07.08.The copy of

the letters are submitted as fourth and fifth document in Attachment.

5. CGM(P&A) passed a proceeding No: CORP/ P&A/EE/0502/2008

Dated: 15.09.08 based upon the order of W.P.No:17124/08 Dated: 01.09.08,

when the Miscellaneous Petition in Review No: 103/08 in W.P.No:17124/08

was pending. The management has not considered the same. The Hon’ble High

Court substituted the Order in W.P.No:17124/08 on 02.07.09 and subsequently

substituted on 07.08.09. When the Hon’ble High Court substituted the order

dated: 01.09.08 on 02.07.09 &07.08.09 the any proceedings initiated by the

management based upon the order of W.P.No:17124/08 is impugned proceeding

No: Lr.No: CORP/ P&A/EE/0502/2008 Dated: 15.09.08 and Memo No:

7596/NLC/BP/P&A/Displ/2008 Dated: 11.11.08 is illegal and null and void.

Even though illegal charge memo created against the 2nd petitioner, he denied

the charges and attended enquiries, the departmental enquiry officer and

presenting officer closed the enquiry on 10.09.09 and the management ready to

provide the post of Deputy General Manager post and to regularise the period as

duty.The order in W.P.No:17124/08 as submitted as sixth document,

CGM(P&A)Lr.No:CORP/P&A/EE/0502/2008 Dated:15.09.08 as seventh

document, Memo No: 7596/NLC/BP/P&A/Displ/2008 Dated: 11.11.08 as eight

document in the attachment.

6. Even though my husband received order in WPSRNo: 15155/09 on

04.03.09 before the Division bench and directed the CMD to consider my

husband’s representation dated: 24.12.08. As per the representation submitted to

the CMD, my husband is eligible get monetary benefits of Deputy General

Manager with effect from 19.08.09. The Hon’ble High Court passed an order on

18.03.09 to join duty and submit his grievance to the management. The

management has followed a procedure by conducting interview for the selection

of outstanding candidates for Rajasthan Barshingsar Project in the year of 1991

with next higher grade benefit in DGM(P&A) Lr.No:5617/P&A II-4/91-22

Dated:22.08.91.My husband was transferred from ACM and hence he is eligible

to get monetary benefits of DGM the next higher grade as the Chief Manager

and ACM scale of pay is the same. Hence my husband is eligible for monetary

benefits for Deputy General Manager grade from 19.08.09. Even though the

charges issued are illegal to my husband he attended the departmental enquiry

and the enquiry officer and the presenting officer closed the enquiry

proceedings on 10.09.09 with the acceptance to grant Deputy General Manager

Promotion with effect from 19.08.09 and regularisation of Period as duty. If

they have not accepted to grant DGM Promotion and regularisation of period

they must have given “reasonable opportunity in accordance with Principles of

Natural Justice” provided the requested documents on 06.06.09 and 08.06.09 at

Rajasthan Barshingsar Project. The copy of the order WASRNo: 15515/09 as

ninth document,the Postal department communication on 12.03.09 as tenth

document,W.P.No:11001/09 as eleventh document,the departmental enquiry

proceeding on 10.09.09 as twelfth document,the copy of the notary attested

power of Attorney document as thirteenth document,the copy of the Chief

Vigilance officer letter No:179/CVO/NLC/2014 Dated:04.02.14 as fourteenth

document submitted in the attachment.

7. My husband obeyed the order of this Hon’ble Court and joined duty at

Rajasthan Barshingsar Project and submitted representation to consider for

Promotion, regularisation of Period through Proper Channel on 10.09.09

through the departmental enquiry officer against the illegal charge memo

No:7596/NLC/BP/P&A/Displ/2008 Dated:11.11.2008 for not joining duty at

Rajasthan

8. The enquiry officer submitted report on 16.09.09 and my husband

submitted denied report on 22.10.09 to the enquiry officer. I am the witness to

my husband Disciplinary case on my husband side. As I got chest pain as the

my husband joined his duty at Rajasthan and admitted in the Neyveli Lignite

Corporation Hospital ,I was not able to attend enquiry at Rajasthan Barshingsar

Project for the 2nd time. I attended enquiry on 6th and 8th at Barshingsar Project

along with my husband. As the management has not provided the documents on

that day the enquiry was adjourned. In the mean time the state Vigilance

Department has closed the FIRNo: 10/03 by passing G.O.No:203 Dated:

03.11.09 subsequent Govt Lr.No:13.10.08 and action dropped 01.12.10.

9. The management has inordinately delayed to pass an order and

issued show cause notice in Lr.No:5801/NLC/BP/P&A/Displ/2010 Dated:

06.01.11 by the General Manager, the Disciplinary Authority received by my

husband on 10.01.11. The General Manager is inordinately delayed the case

22.10.09 and caused the possibility of getting promotion in two DPC. My

husband submitted denied statement on 18.01.11 to the General Manager, the

Disciplinary Authority. The General Manager, the Disciplinary Authority

passed an order in O.O.No:6071/NLC/BP/P&A/Displ/2011 Dated: 02.02.11.My

husband denied the statement and appeal submitted to the Project head, the

Appellate Authority on 07.02.2011.The Appellate authority, the Project head

passed an order in Lr.No:6354/NLC/BP/P&A/Displ/2011 received on

25.02.11.My husband rejoined his duty at Neyveli on 23.09.11on his

completion of service at Rajasthan Barshingsar Project. The case filed before

the Hon’ble High Court to quash the impugned proceeding No: Lr.No: CORP/

P&A/EE/0502/2008 Dated: 15.09.08 and subsequent Memo No:

7596/NLC/BP/P&A/Displ/2008 Dated: 11.11.08 is posted before the Hon’ble

High Court for admission on 10.02.12 and the NLC advocates received the

notice and subsequently dismissed as infrutous on 13.02.12. Subsequently the

case is filed by me on 07.10.2012 is posted for admission for maintainability on

30.03.15 in WPSRNo:117221 and 117222 under Prerogative Writ. I submitted

miscellaneous petition to amend the prayer on 30.03.15 and listed on 29.04.15

to recover the loss to the Government money. The Hon’ble Justice advised to

separate petition for my husband. Hence Writ Appeal is filed in

W.P.No:11001/09 and the Writ petition is filed to quash the subsequent Memo

No: 7596/NLC/BP/P&A/Displ/2008 Dated: 11.11.08 and rating awarded to my

husband as “good “instead of “outstanding”. As per Supreme Court five bench

Judgement any entry except “outstanding” rating has to be communicated to the

employee to improve his performance. No communication has received by my

husband . I submitted fifteen pages of 1st typed set and the additional typed set

of one hundred and three pages submitted before this Hon’ble High Court and

the Hon’ble Apex Court Judgement of Civil Appeal No: 7631/2002. The

employees ACR are graded as 1) Out standing 2) Very good 3) Good 4) Fair

&5) Satisfactory. Except “out standing” entry other entries has to be

communicated to the individual to improve their performance.

10. I submitted two compliants on 27.05.12 to the Chief Vigilance officer,

Neyveli Lignite Corporation against Thiru.Ananthakrishnan and

Thiru.Natarajan to get back our property at Pondy and Valasaravakkam. The

Chief Vigilance officer passed final order on 03.03.15. I am very disappointed

about the order passed by the Chief Vigilance officer,Neyveli Lignite

Corporation and we have not yet get back our property. The inordinate delay

from 27.05.12 to 03.03.15 in finalising the cases causes undue harassment to me

and also to my husband in many ways. As per the Central Vigilance

Commission Manual any disciplinary proceedings has to be completed within

six months period of time.

11. In order to attend enquiry and to submit documents against

Thiru.Ananthakrishnan and Thiru.Natarajan I faced so many difficulties and

threatening in many ways in the result management has reduced the rating of

my husband as “Good”.I submitted compliants against to get back our

property.My husband sumbmitted an application to correct the rating of my

husband as “Outstanding”.As per Supreme Court Judgement Civil Appeal

7631/2002 the rating except outstanding entry has to be communicated to the

individual to improve their performance.As my husband was not communicated

from the management the ACR entry should be outstanding”.I herewith submit

the representation dated:18.10.2014 and 19.03.15 to the management as

fifteenth and sixteenth document submitted in the attachment. As the

management has transferred my husband to Rajasthan Barshingsar Project as

he is outstanding than 416 available Engineer.Hence the management may

please to fix his seniority before 416 Engineers. Hence I submitted a

representation to the Chief Vigilance officer and Chairman-Cum-Managing

Director of NLC on 11.02.15 which was forwaded to you in

Lr.No:VIG/NLC/CTS/AA/0025/2015 Dated:03.03.15.I herewith submit the

copy of my letter dated:11.02.15 as seventeenth,

Lr.No:VIG/NLC/CTS/AA/0025/2015 dated:03.03.15 as eighteenth,rating

display in the internet as nineteenth,Vigilance department letter

GM/VIG/DCE/2015 Dated:03.03.15 as twentieth ,DGM(P&A)Lr.No:CORP/

HR/EB(Exec)/ 517/CM/2014-1 Dt:12.04.15, as twenty first, CVO,NLC,Neyveli

Cir.No.CORP/HR/DA/ 1643/2015 Dt:15.04.15 twenty second document and

Civil Appeal the Supreme Court Judgement 7631/02 as twenty third document

in the attachment. The Chief Vigilance officer Circular clearly states that any

disciplinary proceedings have to be completed within six months.

12. As I am witness to state vigilance and NLC vigilance,my husband

suffered in getting due promotion, loss of pay and rating are affected. Hence, I

submit this representation along with the documents on behalf of my husband to

get Monetary benefits of Deputy General Manager from 19.08.09, the Date of

Joining at Rajasthan Barshingsar Project-Regularisation of period as duty As

the charge memo 7596/NLC/BP/P&A/Displ/2008 Dated: 11.11.08 issued is

illegal and inordinate delay as per central vigilance commission manual -ACR

Rating as “Out standing” as per Apex Court Judgement in Civil Appeal 7631/02

and consequential benefits-to Promote my husband as Deputy General Manager

or General Manager and thereby render justice.

Dated: 11.05.14 P.Chandira wife and Notary Attested Power of Attorney

Place: Panruti For R.Thangavel.

Attachments:

Twenty three documents as mentioned in the subject.

Apex Court Judgement of Civil Appeal 7631/02.

Copy humbly submitted to:

1)CMD,NLC,Neyveli 2)CVO,NLC,Neyveli