Madras High Court
The Government Of Tamil Nadu vs / on 22 August, 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.08.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)No.932 of 2015
and
M.P.(MD)No.2 of 2015
1.The Government of Tamil Nadu,
Rep. by Secretary to Government,
Rural Development and Panchayat Raj Department,
Secretariat, Chennai-600 009.
2.Tribunal for Disciplinary Proceedings,
Rep.by its Commissioner,
No.5/1B, Vinayaganagar,
Madurai-625 020. ...Appellants
/Vs./
M.Prabakar ...Respondent
PRAYER:- Writ Appeal- filed under Clause 15 of the Letters Patent Act,
to allow this writ appeal by setting aside the order dated 17.11.2014
made in W.P.(MD)No.11111 of 2009 on the file of this Court.
For Appellants : Mr.S.Shaji Bino
Special Government Pleader
For Respondent : No Appearance
1/5
https://www.mhc.tn.gov.in/judis
JUDGMENT
(Judgment of the Court was delivered by DR.ANITA SUMANTH, J.)
Having heard the detailed submissions of Mr.S.Saji Bino,
learned Special Government Pleader appearing for the appellants, we are
of the view that the order of the Writ Court dated 17.11.2014 is to be
reversed.
2.The Writ Petitioner has sought quashing of a charge memo
issued to him and a consequential direction to the State to treat the
petitioner's suspension from 14.10.2003 to 10.06.2004 as duty period
with all consequential benefits.
3.The charges related to the period when the Writ Petitioner
was serving as Joint Director of Development. The charge was based on
complaints given by Non Government Organisations (NGOs), by name
ARDA REEDOW, RUDACS and DERDS. The complaints were to the
effect that the petitioner had obtained large amount of loans from NGOs
for certain personal purposes and failed to repay the same, when they
demanded it back.
2/5
https://www.mhc.tn.gov.in/judis
4.The Writ Petitioner was stated to have informed the NGOs
that the amounts have been spent during his visit to New Delhi to get
funds sanctioned for Theni District under Total Sanitation Campaign.
The complaints of the NGOs were forwarded to the Director of Rural
Development, who in-turn, forwarded the same to the Director of
Vigilance and Anti-corruption for detailed enquiry. Disciplinary
proceedings had also been initiated and the Writ Petitioner had been
suspended pending enquiry.
5.The Writ Court has allowed the Writ Petition on the ground
that the complaints had come to be withdrawn by NGOs, who had
recanted their initial stand that there had been money transactions
between themselves and the petitioner. The Writ Court was, thus, of the
view that the department ought not to have proceeded with the enquiry
against the petitioner, in light of the withdrawal of the complaints by the
NGOs.
6.Before us, Mr.S.Saji Bino, learned Special Government
Pleader has produced a copy of the confidential report of the Director of
Vigilance and Anti-corruption containing observations/findings in
relation to the loans availed by the Writ Petitioner from NGOs. There are
3/5
https://www.mhc.tn.gov.in/judis
discrepancies noted in regard to the conduct of the petitioner and the
procedure followed by him in regard to the sanitation projects.
7.We are, thus, of the categoric view that it is appropriate that
such enquiry be carried to its logical conclusion. The withdrawal of their
complaints by the NGOs may be on account of any number of reasons,
but that by itself should not stand in the way of departmental enquiry
being carried out to ascertain the true facts, especially in light of the
gravity of charges levelled.
8.In light of the aforesaid discussion, this Writ Appeal is
allowed. The concerned appellant will issue notice to the writ
petitioner/sole respondent, proceed with the matter and complete the
enquiry within a period of twelve weeks from date of receipt of a copy of
this order. No costs. Consequently, connected miscellaneous petition is
closed.
NCC :Yes/No [A.S.M.J.,] & [R.V.J.,]
Index :Yes/No 22.08.2023
cmr
4/5
https://www.mhc.tn.gov.in/judis
DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
cmr
W.A.(MD)No.932 of 2015
22.08.2023
https://www.mhc.tn.gov.in/judis
