Madras High Court
S.Muthuselvan vs The Director Of Rural Development ... on 8 March, 2022
W.P.(MD) No.17432 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.03.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.17432 of 2020
W.M.P(MD).No.14578 of 2020
S.Muthuselvan ... Petitioner
Vs.
1. The Director of Rural Development and Panchayat Raj,
Panagal Building,
Jeenis Road, Saidapet, Chennai-600 015
2 The District Collector
Tenkasi District, Tenkasi. ... Respondents
Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus, call for the
records on the file of the 2nd respondent in connection with the impugned
order of suspension passed by him in his proceedings Roc.
No.N5/28377/2016 dated 22.7.2016 and the consequential impugned order
of extension passed by the 1st respondent in his proceedings Na.Ka.no.
46013/2016/Vi.C1-2 dated 22.1.2017 and quash the both as illegal and
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W.P.(MD) No.17432 of 2020
arbitrary and consequently direct the respondents 1 and 2 to reinstate the
petitioner in service within the time limit.
For Petitioner : Mr.G.Thalaimutharasu
For Respondents : Mr.D.Sadiq Raja
Additional Government Pleader
******
ORDER
The order of suspension dated 22.07.2016 is under challenge in
the present writ petition.
2. The petitioner was working as Assistant Engineer and a
criminal case against the petitioner was registered in Crime No.3 of 2016 by
the Inspector of Police, (Vigilance and Anti-Corruption) Department,
Tirunelveli, for the offence under Section 7 and 13 (2) r/w 13(1)(d) of the
Prevention of Corruption Act, 1988. The petitioner was arrested for demand
and acceptance of bribe of Rs.4,000/- from one Muppulipandian.
Subsequently, he was released on bail.
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W.P.(MD) No.17432 of 2020
3. The question arises as to whether a public servant against
whom a criminal case has been registered under the Prevention of
Corruption Act, the order of suspension is to be revoked or not?
4. The Hon'ble Division Bench of the Madurai Bench of Madras
High Court recently delivered a judgment on 20.01.2022 in W.A(MD).No.
1827 of 2021 elaborately considering the judgment of the Hon'ble Supreme
Court of India in Ajay Kumar Choudhary's case and other cases and
formed an opinion that the Court can direct to expedite the criminal
proceedings against the delinquent. However, an observation is made that
the suspension if runs beyond unreasonable period, the petitioner may
submit an application for revocation of suspension which is to be reviewed
by the Competent Authorities.
5. The relevant paragraph Nos.22, 23 and 24 of the said judgment
reads as under:
22. The judgment in Ajay Kumar Choudhary
(supra) came up for consideration before the Apex Court in
the case of Promod Kumar (supra). Though in the said case
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W.P.(MD) No.17432 of 2020
interference with the order of suspension was made, it was
after considering the fact that order of suspension was made
as the delinquent remained behind the bars for more than 48
hours. The order of suspension was not in reference to a
vigilance case or for the allegation of the nature involved
herein.
23. In view of the aforesaid, we set aside the
judgment of the learned Single Judge and allow the appeal.
It is, however, with a direction to expedite the criminal
proceedings against the delinquent and if it is not concluded
within a reasonable time, then it would be open to the
delinquent employee to make a representation to recall the
suspension order which otherwise cannot be continued
beyond a reasonable period, as it is pending for last two
years. The order of suspension is not interfered with looking
to the allegation of demand and acceptance of bribe by the
delinquent petitioner/non-appellant and he having been
caught red-handed.
24. A copy of this order would, accordingly, be
produced by the appellants before the court concerned
which would be trying the criminal case and even furnished
to the police station concerned where the case has been
registered to expedite the matter.
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W.P.(MD) No.17432 of 2020
6. In view of the said judgment cited supra, the petitioner is at
liberty to file a petition before the Criminal Court concerned for expedite
the trial. In the event of filing any such application by the
petitioner/accused, the Competent Criminal Court shall consider, expedite
the criminal case and dispose of the same as expeditiously as possible. The
Department of Vigilance and Anti-Corruption should ensure that the
procedures are followed, and extend the co-operation for speedy disposal of
the criminal case.
7. With these directions, the Writ Petition stands disposed of.. No
costs. Connected miscellaneous petition is closed.
08.03.2022
ssb
Index:Yes
Internet:Yes
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W.P.(MD) No.17432 of 2020
To
1. The Director of Rural Development and Panchayat Raj,
Panagal Building,
Jeenis Road, Saidapet, Chennai-600 015
2 The District Collector
Tenkasi District, Tenkasi.
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W.P.(MD) No.17432 of 2020
S.M.SUBRAMANIAM, J.
ssb
W.P.(MD) No.17432 of 2020
08.03.2022
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