Madras High Court
P.Murugesh vs The Secretary To Government on 1 August, 2024
WP(MD) No.18154 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD) No.18154 of 2024
P.Murugesh ... Petitioner
Vs.
1.The Secretary to Government,
Revenue and Disaster Management Department,
Secretariat, St.George Fort,
Chennai – 009.
2.The Additional Chief Secretary /
Commissioner of Revenue Administration,
Chepauk,
Chennai – 600 005.
3.The District Collector,
Tirunelveli District,
Tirunelveli.
4.The District Revenue Officer,
Tirunelveli District,
Tirunelveli. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, to call for the
records pertaining to its proceedings bearing ROC.A5/53948/2010 dated
1/6
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WP(MD) No.18154 of 2024
30.05.2011 on the file of 4th respondent and to quash the same and
consequently direct the respondents to grant all monitory and service
benefits by considering the petitioner's representations dated
26.10.2022.
For Petitioner : Mr.Aayiram K.Selvakumar
For Respondents : Mr.J.Ashok
Additional Government Pleader
ORDER
The petitioner has filed this Writ Petition challenging the
proceedings of the fourth respondent in ROC.A5/53948/2010 dated
30.05.2011 with a consequential direction to the respondents to grant all
monetary and service benefits by considering the petitioner's
representation dated 26.10.2022.
2. Heard Mr.Aayiram K.Selvakumar, learned counsel for the
petitioner and Mr.J.Ashok, learned Additional Government Pleader for
the respondents.
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3. By consent of both parties, this Writ Petition is taken up for
final disposal at the stage of admission itself.
4. The petitioner, who was issued with the charge memo on the
allegation of corruption has also been subjected to disciplinary
proceedings, which was also completed and thereafter, he was again
reinstated. All of a sudden, he was placed under suspension through the
impugned order dated 30.05.2011. However, no order has been passed,
in view of the pending criminal proceedings initiated by the Department
of Vigilance and Anti Corruption on the same set of allegations. Hence,
the present writ petition has been filed.
5. The learned counsel appearing for the petitioner submitted that
a criminal case was pending in Spl.S.C.No.4 of 2014, which was also
ended in acquittal on 22.04.2016. He further submitted that the appeal
filed by the State against the judgment of acquittal has also been
dismissed and the matter has attained finality. Hence, the respondents
are expected to pass orders by permitting the petitioner to retire by
rejecting the earlier suspension order dated 30.05.2011, which is
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impugned herein in this writ petition by suspending the petitioner at the
verge of the his superannuation.
6. However, the learned Additional Government Pleader
appearing for the respondents submitted that a government order in G.O.
(2D), dated 03.01.2024 was issued, wherein it is stated that if it is
ultimately proposed to drop further action or not to proceed further, the
Vigilance Commission shall be consulted through the Administrative
Department concerned of the Secretariat before issuing the orders for
dropping further action.
7. The learned counsel appearing for the petitioner submitted that
the case initiated by the Department of Vigilance and Anti Corruption
has itself been ended in acquittal. Hence, the Department of Vigilance
and Anti Corruption is functus officio, insofar as the case registered
against the petitioner is concerned and hence, the respondents are
required to pass an independent order.
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8. It is seen from the records that the petitioner has been acquitted
in the case registered by the Department of Vigilance and Anti
Corruption and the matter is pending for a long time even without
issuing any order. Taking into consideration of the long delay and also
the subsequent developments that the petitioner has been acquitted in
the case registered by the Department of Vigilance and Anti Corruption,
the respondents shall pass orders by permitting the petitioner to retire.
9. In view of the above, the impugned order of suspension dated
30.05.2011 is set aside and the Writ Petition stands allowed accordingly.
The respondents are directed to pass orders to permit the petitioner to
retire from service with effect from the date of his superannuation and
settle all the terminal benefits without any interest, within a period of
four weeks from the date of receipt of a copy of this order. No costs.
01.08.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
https://www.mhc.tn.gov.in/judis
R.N.MANJULA, J.
sm
To
1.The Secretary to Government,
Revenue and Disaster Management Department,
Secretariat, St.George Fort, Chennai – 009.
2.The Additional Chief Secretary /
Commissioner of Revenue Administration,
Chepauk, Chennai – 600 005.
3.The District Collector,
Tirunelveli District, Tirunelveli.
4.The District Revenue Officer,
Tirunelveli District, Tirunelveli.
Order made in
01.08.2024
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