Madras High Court
Veerasamy vs The District Collector on 30 November, 2021
W.A.(MD) No.2138 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A.(MD) No.2138 of 2021
Veerasamy ... Appellant/Petitioner
Vs.
1.The District Collector,
Collectorate Campus,
Sivagangai District.
2.The Regional Transport Officer,
Office of the Regional Transport Office,
Sivagangai District. ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order, dated 02.08.2019, made in W.P.(MD) No.23519 of
2015 by allowing the appeal.
For Petitioner : Mr.J.Lawrance
For Respondents : Mr.P.Subbaraj
Special Government Pleader
JUDGEMENT
(Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.)
The writ appeal has been filed against the order dated 02.08.2019,
made in W.P.(MD) No.23519 of 2015.
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W.A.(MD) No.2138 of 2021
2.Heard Mr.J.Lawrance, learned counsel for the appellant and
Mr.P.Subbaraj, learned Special Government Pleader appearing for the
respondents.
3.The appellant was terminated from service on account of the
conviction imposed in Crime No.2 of 2008 on the file of the Vigilance and
Anti Corruption Wing, Sivagangai, on the allegation that he demanded
and accepted bribe. Admittedly, the appellant/writ petitioner was
appointed during the strike period as temporary employee in the cadre of
Junior Assistant in G.O. (Ms) No.85, Personnel & Administrative Reforms
(G) Department, dated 04.07.2003. He was involved in demanding and
accepting bribe. A case was registered in Crime No.2 of 2008, under
Sections 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988.
After trial he was convicted. Thereafter, a Show Cause Notice was issued
to him and explanation was called for by the authorities and he was
terminated from the service.
4.Against the conviction and sentence, the appellant has also
preferred a Criminal Appeal before this Court in Criminal Appeal Crl.A.
(MD) No.272 of 2014. On the date of order impugned in W.P.(MD) No.
23519 of 2015, the Criminal Appeal was pending and the Writ Court had
observed that in the event of acquittal in the Criminal Appeal, it is left
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W.A.(MD) No.2138 of 2021
open to the appellant/writ petitioner to approach the competent authority
for the purpose of considering his case. The Criminal Appeal was allowed
and the appellant was honourably acquitted on 11.05.2020. The Writ
Court while dismissing the Writ Petition had observed that even when the
appellant was appointed during strike period and working as temporary
employee, he involved in the allegations of corruption and convicted
under the provisions of Corruption Act and therefore, he is not entitled
for the relief sought for in the Writ Petition.
5.The learned counsel for the appellant submitted that this Court
has allowed the Criminal Appeal and acquitted the appellant on
11.05.2020, and hence, it is open to him to approach the competent
authority for the purpose of consideration of revocation of the
termination, however, the observations made by the learned Single
Judge would operate against him.
6.In the above circumstances, we only direct the authorities to
consider the case of the petitioner, if he approaches, uninfluenced by the
observations made by the Writ Court and consider his case in accordance
with law.
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W.A.(MD) No.2138 of 2021
7.The Writ Appeal stands disposed of with the above directions. No
costs.
[P.S.N.,J] [P.V.,J.]
30.11.2021
Index :Yes/No
Internet :Yes/No
sj
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the
correct copy, shall be the responsibility of the
advocate / litigant concerned.
To
1.The District Collector,
Collectorate Campus,
Sivagangai District.
2.The Regional Transport Officer,
Office of the Regional Transport Office,
Sivagangai District.
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W.A.(MD) No.2138 of 2021
PUSHPA SATHYANARAYANA, J.
and
P.VELMURUGAN, J.
sj
W.A.(MD) No.2138 of 2021
30.11.2021
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