WP No.42078 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08-09-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.42078 of 2016
And
WMP No.35992 of 2016
P.Allimuthu .. Petitioner
vs.
The District Forest Officer,
Tiruvallur Forest Division,
Tiruvallur,
Tiruvallur District. .. Respondent
Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the respondent to
disburse the Special Provident Fund, Encashment of Earned Leave and
Encashment of Unearned Leave on Private Affairs to the petitioner.
For Petitioner : Mr.C.Prakasam
For Respondent : Mr.K.H.Ravikumar,
Government Advocate.
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WP No.42078 of 2016
ORDER
The relief sought for in the present writ petition is to direct the respondent to disburse the Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned Leave on Private Affairs to the petitioner.
2. The petitioner was working as Forester and he was arrested by the Vigilance and Anti-Corruption Department Police and a criminal case was registered against the petitioner under the Prevention of Corruption Act. Simultaneously, the departmental disciplinary proceedings were also initiated against the writ petitioner.
3. It is not in dispute between the parties that the criminal case ended with an order of conviction and the writ petitioner preferred a criminal appeal and the said criminal appeal is pending. Meanwhile, the petitioner was dismissed from service as per the Discipline and Appeal Rules based on the conviction on 17.11.2011.
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4. The learned counsel for the petitioner made a submission that in the event of an order of acquittal in the criminal appeal, the Department has to conduct an enquiry in the the departmental disciplinary proceedings, since the order of dismissal was passed based on the order of conviction.
5. The principle in this regard is that the order of an acquittal in a criminal case, is not a bar for the departmental disciplinary proceedings. Even in case, an employee was acquitted in a criminal case, the Department is empowered to conduct an enquiry and impose the punishment under the Discipline and Appeal Rules.
6. The criminal and departmental disciplinary proceedings are entirely different and merely because one has been acquitted in a criminal trial that itself will not result in the reinstatement in service, when one has been found guilty in the departmental disciplinary proceedings.
7. This being the principles settled in a recent judgment by the 3/6 https://www.mhc.tn.gov.in/judis WP No.42078 of 2016 Hon'ble Supreme Court of India in the case of State of Rajasthan vs. Phool Singh [2022 LiveLaw (SC) 735] pronounced in Civil Appeal No. 5930 of 2022 arising out of S.L.P. (C) No. 11195 of 2021 dated 02.09.2022, this Court is of the considered the opinion that the petitioner, as of now, is not entitled for any relief. However, the Provident Fund Contribution or otherwise for which a dismissed employee is entitled, shall be settled, if already not settled.
8. With the abovesaid observations, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed.
08-09-2022 Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
Svn To The District Forest Officer, 4/6 https://www.mhc.tn.gov.in/judis WP No.42078 of 2016 Tiruvallur Forest Division, Tiruvallur, Tiruvallur District.
S.M.SUBRAMANIAM, J.
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