Madras High Court
Mariammal vs The Commissioner on 12 January, 2022
W.P(MD)No.6153 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.6153 of 2021
and W.M.P.(MD)No.4781 of 2021
Mariammal ... Petitioner
versus
1. The Commissioner,
O/o. The Commissioner Office,
Geology and Mines Department,
Guindy,
Chennai – 600 032.
2. K.Deepa,
Deputy Director / Enquiry Officer,
Directorate of Geology and Mining,
Guindy,
Chennai – 600 032. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Mandamus, to direct the
respondents 1 and 2 herein to defer the Departmental Proceedings in
Roc.No.3720/PM1/2015-1 dated 01.08.2017 initiated by the 1st
1/9
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W.P(MD)No.6153 of 2021
respondent herein till the conclusion of the case in Spl. Case No.
04/2017 on the file of the learned Chief Judicial Magistrate/Special
Judge for Prevention of Corruption Act Cases at Kumbakonam,
Thanjavur District.
For Petitioner : Mr.Illayaraj
For R1 : Mr.G.V.Vairamsanthosh
Additional Govt. Pleader
ORDER
This writ petition is filed for a mandamus directing the
respondents 1 and 2 to defer the departmental proceedings in Roc.No.
3720/PM1/2015-1 dated 01.08.2017 till the conclusion of the case in
Spl.C.No.4 of 2017 on the file of the learned Chief Judicial
Magistrate/Special Judge for Prevention of Corruption of Cases at
Kumbakonam, Thanjavur District.
2. The learned counsel appearing for the petitioner submits that
the petitioner, who is working as an Assistant Geologist of Geology
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W.P(MD)No.6153 of 2021
and Mining Department at Thanjavur, was arrested in a criminal case
registered in Crime No.2 of 2015 for the offences punishable under
Sections 7, 13(2) r/w. 13(i)(d) of the Prevention of Corruption Act,
1988. The Vigilance and Anti Corruption Department filed a final
report against the petitioner and the same was taken on file in
Spl.C.No.4 of 2017 on the file of the learned Chief Judicial
Magistrate/Special Judge for Prevention of Corruption Act Cases at
Kumbakonam, Thanjavur District. However, the trial is still pending
before the Special Court. In the meantime, the first respondent initiated
departmental proceedings by issuing a charge memo dated 01.08.2017.
This charge is also similar to that of the final report filed against the
petitioner in Spl.C.No.4 of 2017.
3. The learned counsel for the petitioner further submits that the
facts and evidences in the departmental proceedings and the criminal
case are one and the same and the list of witnesses in the criminal case
and the departmental proceedings are also one and the same. If the
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W.P(MD)No.6153 of 2021
departmental proceedings is allowed to proceed, pending the criminal
case, it may plagiarize her defence before the Criminal Court. In
support of his contentions, the learned counsel for the petitioner has
also relied upon the following Judgments:
(i) Capt M.Paul Anthony Vs. Bharath Gold Mines Limited and
another (1999 (3) SCC 679);
(ii) State Bank of India and others vs. Neelam Nag and another
(2016 (9) SCC 491).
4. The learned Additional Government Pleader appearing for the
first respondent submits that pendency of the criminal case is not a bar
for the Department to proceed with the departmental proceedings. The
petitioner was caught red-handed, when he received bribe from the
Lorry Owners' Association, Kumbakonam. The Department of
Vigilance and Anti Corruption, after investigation, filed a final report
against the petitioner. Though the final report has been filed in the year
2017 and the same was also taken on file in Spl.C.No.4 of 2017, the
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W.P(MD)No.6153 of 2021
trial is not proceeded with, due to non-cooperation of the petitioner.
The departmental proceedings is also dragged by the petitioner by
referring the case pending before the Special Court for Prevention of
Corruption of Cases at Kumbakonam, Thanjavur District.
5. This Court paid its anxious consideration to the rival
submissions made.
6. The petitioner, who is working as an Assistant Geologist in
the Department of Geology and Mining, was arrested by the Vigilance
and Anti Corruption on 11.07.2014 for receipt of bribe amount from
the Lorry Owners' Association, Kumbakonam. A case was registered
in Crime No.2 of 2015 for the offence punishable under Sections 7,
13(2) r/w. 13(i)(d) of the Prevention of Corruption Act, 1988 and the
same is also pending on the file of the learned Chief Judicial
Magistrate/Special Judge for Prevention of Corruption of Cases at
Kumbakonam, Thanjavur District in Spl.C.No.4 of 2017.
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W.P(MD)No.6153 of 2021
7. The Hon'ble Supreme Court, in the case of Capt M.Paul
Anthony Vs. Bharath Coal Mines Limited and another, reported in
1999 (3) SCC 679, held that it would be desirable to stay the
departmental proceedings till the conclusion of the criminal case when
the delinquent employees are facing grave nature of offence. However,
in the subsequent Judgment, the Hon'ble Supreme Court held that
pendency of the criminal case is not a bar for the Department to
proceed with the departmental proceedings; even if the criminal case is
ended in acquittal, the Department can proceed with the departmental
proceedings and the ratio adopted in departmental proceedings is
preponderance of probabilities and the ratio adopted in criminal
proceedings is benefit of doubt.
8. Though the final report was filed in the year 2017, the trial has
not commenced yet. According to the learned counsel for the petitioner,
the witnesses in Spl.C.No.4 of 2017 are one and the same in the
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W.P(MD)No.6153 of 2021
departmental proceedings.
9. Considering the fact that the petitioner is facing grave charges
before the trial Court and also considering the fact that the trial is not
proceeded from the year 2017, this writ petition is disposed of with a
direction to the learned Chief Judicial Magistrate/Special Judge for
Prevention of Corruption Act Cases at Kumbakonam, Thanjavur
District, to conclude the trial in Spl.C.No.4 of 2017 and pass orders
within a period of six months from the date of receipt of a copy of this
order. The Vigilance and Anti Corruption Department shall produce
the witnesses within the stipulated time and shall cooperate for the trial.
The petitioner, who is the accused in Spl.C.No.4 of 2017, is also
expected to cooperate for trial by cross examining the witnesses on the
date of examination itself. The examination of witnesses shall be
completed within a period of six months from the date of receipt of a
copy of this order. The respondents shall proceed with the
departmental proceedings on expiry of six months as directed by this
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W.P(MD)No.6153 of 2021
court. Till such time, the departmental proceedings shall be deferred.
No costs. Consequently, connected miscellaneous petition is closed.
12.01.2022
ogy
To
1. The Commissioner,
O/o. The Commissioner Office,
Geology and Mines Department,
Guindy,
Chennai – 600 032.
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W.P(MD)No.6153 of 2021
B.PUGALENDHI, J.
ogy
W.P(MD)No.6153 of 2021
12.01.2022
https://www.mhc.tn.gov.in/judis
