R.Vibushanan vs The District Collector
2023 Latest Caselaw 3439 Mad

                                                                                     W.A.No.4177 of 2019

                                         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED: 29.3.2023

                                                              CORAM

                                       THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
                                                          AND
                                  THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

                                                      W.A.No.4177 of 2019


                     R.Vibushanan                                ...    Appellant/Petitioner

                                             Vs.

                     1. The District Collector,
                        Tiruvallur District,
                        Tiruvallur.

                     2. The District Revenue Officer,
                        Tiruvallur District,
                        Tiruvallur.                              ...    Respondents/Respondents




                            Writ Appeal filed under Section 15 of Letters Patent to set aside the
                     order passed in W.P.No.16817 of 2019 dated 4.09.2019 on the file of this Court.

                                       For Appellant       : Mr.K.Ravi Anantha Padmanaban
                                       For Respondents      : Mr.P.Anandakumar
                                                              *****

                                                           JUDGMENT

(Judgment of the Court was made by D.KRISHNAKUMAR, J.)

The petitioner has filed the instant writ petition challenging the

impugned order dated 20.12.2010 of the second respondent suspending the

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W.A.No.4177 of 2019

petitioner with effect from 16.12.2010 on account of his having involved in

Crime No.3/AC/2010/CC-III dated 16.12.2010 of the Vigilance and Anti-

Corruption under Sec.7 of Prevention of Corruption Act and consequently,

direct the respondents to reinstate the petitioner as an Assistant in any non

sensitive post in the Revenue Department. The prayer as sought for in the writ

petition was rejected by the Writ Court. Aggrieved by the same, the writ

petitioner has filed the instant appeal before this Court.

2. A trap case was registered as against the appellant and charge

sheet was filed before the Chief Judicial Magistrate cum Special Judge,

Thiruvallur and the same was taken on file on 14.3.2012 in Spl.C.C.No.8 of

2012. By judgment dated 16.3.2023, the learned Chief Judicial Magistrate cum

Special Judge, Thiruvallur has convicted the appellant and imposed a

punishment of 4 years rigorous imprisonment and fine of Rs.20,000/- for the

offences under Sec.7 of the Prevention of Corruption Act, 1988 in default 3

months simple imprisonment and 4 years rigorous imprisonment and fined

Rs.20,000/- in default 3 months simple imprisonment for the offences under

Sec.13(1) (d) r/w 13(2) of Prevention of Corruption Act, 1988 and ordered

sentences may run concurrently. According to the respondent, in the light of

adverse judgment rendered as against the appellant/petitioner, appropriate

action will be initiated as against the appellant/petitioner.

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W.A.No.4177 of 2019

3. In the light of adverse judgment rendered as against the

petitioner cited supra, the writ appeal is liable to be dismissed. Accordingly,

the writ appeal stands dismissed. No costs. However, it is always open to the

appellant to prefer an appeal before the appellate authority as against the said

judgment. Liberty is granted to the appellant to approach the authorities

concerned for payment of subsistence allowance, if not already paid.

                                                                       (D.K.K.J. )     (K.G.T.J.)
                                                                               29.3.2023


                     Speaking/Non Speaking order
                     Index: Yes
                     vaan
                     To

1. The District Collector, Tiruvallur District, Tiruvallur.

2. The District Revenue Officer, Tiruvallur District, Tiruvallur.

https://www.mhc.tn.gov.in/judis

W.A.No.4177 of 2019

D.KRISHNAKUMAR, J AND K.GOVINDARAJAN THILAKAVADI, J.

W.A.No.4177 of 2019

Dated: 29.3.2023

https://www.mhc.tn.gov.in/judis