Madras High Court
C.Tamilpandian vs The Revenue Divisional Officer on 5 November, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.14857 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.14857 of 2024
and
W.M.P(MD) No.13025 of 2024
C.Tamilpandian ... Petitioner
Vs.
The Revenue Divisional Officer,
Ramanathapuram Division,
Ramanathapuram. ... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records pertaining to the proceedings in Roc.A1/11439/2022, dated
18.11.2022 of the respondent and quash the same as illegal and consequently
direct the respondent reinstate the petitioner in his service as per his seniority
along with other benefits.
For Petitioner : Mr.R.Balamuruganantham
For Respondent : Mr.N.Satheesh Kumar
Additional Government Pleader
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.14857 of 2024
ORDER
The instant Writ Petition has been filed by the Village Administrative
Officer, challenging the order of suspension dated 18.11.2022.
2. A perusal of the suspension order reveals that the petitioner was
arrested in Crime No.8 of 2022 under Section 7 (A) of Prevention of
Corruption (Amendment) Act, 2018 and he was remanded on 17.11.2022 on
the allegations of having demanded and accepted a bribe of Rs.3,000/- for
mutation of revenue records.
3. The learned counsel appearing for the writ petitioner relying upon
the judgment of the Hon'ble Division Bench of our High Court in W.A.No.
1657 of 2019, dated 31.07.2023, had contended that merely on the basis of
the pendency of the criminal cases, suspension of government employee
cannot be extended endlessly without any reason.
4. Per contra, the learned Additional Government Pleader appearing for
the respondent herein had contended that the District Collector by his
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proceedings dated 08.06.2023 has referred the issue to the Revenue
Divisional Officer, Ramanathapuram, for taking necessary action for passing
sanction of prosecution order as against the writ petitioner. He further
contended that the Revenue Divisional Officer, Ramanathapuram has
addressed a communication to the Deputy Superintendant of Police Vigilance
and Anti Corruption, Ramanathapuram to furnish the FIR copy and
documents for initiation of departmental proceedings as against the writ
petitioner. In such circumstances, the reinstatement of the writ petitioner,
even in a non sensitive post would not be conducive for administration.
5. I have carefully considered the submissions made by the learned
counsel on either side and perused the materials available on record.
6. It is not in dispute that the petitioner was trapped for accepting bribe
for mutation of revenue records and he was arrested. The question of
revoking the suspension and to reinstate the petitioner in a non- sensitive
post, as far as the Village Administrative Officer is concerned, is not possible.
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7. The time limit for mutation of departmental proceedings is not
applicable to the cases which are arising out of Vigilance and Anti-
Corruption. In such circumstances, this Court does not find that the order of
suspension as illegal.
8. A perusal of the counter affidavit of the Revenue Divisional Officer,
Ramanathapurm further reveals that they are taking steps for initiation of
departmental proceedings for the alleged misconduct on the part of the writ
petitioner. In view of the fact that the petitioner is under suspension for the
past 2 years it does not warrant for interference by this Court. In these
circumstances, this Court does not find any merits in this writ petition.
9. Accordingly, this Writ Petition stands dismissed. There shall be no
order as to costs. Consequently, connected Miscellaneous Petition is closed.
05.11.2024
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
To
The Revenue Divisional Officer,
Ramanathapuram Division,
Ramanathapuram.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.
ebsi
05.11.2024
https://www.mhc.tn.gov.in/judis
