Madras High Court
Inspector General Of Registration vs N.E.Devarajan on 19 November, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.3287 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2024
CORAM
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR. JUSTICE P.B.BALAJI
W.A.No.3287 of 2024
1. Inspector General of Registration,
No.100, Santhome High Road,
Chennai 600 028.
2. The Deputy Inspector General of Registration,
Vellore. ... Appellants
Vs.
N.E.Devarajan ... Respondent
Prayer : Writ Appeal filed under Clause 15 of Letters Patent to set aside
the order dated 12.03.2024 made in W.P.No.6419 of 2024.
For Appellants : Mr.B.Vijay, Addl.Govt.Pleader
For Respondent : Mr. Bala & Daisy
JUDGMENT
(Order of the Court was made by D.KRISHNAKUMAR, J.)
This writ appeal has been filed to quash the order passed by the
learned Single Judge in W.P.No.6419 of 2024, dated 12.03.2024 in and
by which, the order of suspension passed by the appellants dated
https://www.mhc.tn.gov.in/judis
14.10.2019 was quashed and the appellants were directed to reinstate the
respondent herein into service and post him in any one of the non
sensitive post, till the disposal of the disciplinary proceedings as well as
the criminal case and also directed the authorities concerned to complete
the disciplinary proceedings, before this retirement.
2. Learned Additional Government Pleader appearing for the
appellants submitted that the respondent was detained in custody on
12.10.2019 at 4.45 hours and continued to be under custody for a period
of exceeding 48 hours. Hence, as per Rule 17(e)(2) of the Tamil Nadu
Civil Services (Discipline and Appeal) Rules 1955, the respondent was
deemed to have been suspended from service with effect from the date of
detention, until further orders and to that effect, suspension order was
passed.
3. He also submitted that, a criminal case in Spl.S.C.No.14/2021
on the file of Chief Judicial Magistrate, Vellore is pending against the
respondent for the offence under the Prevention of Corruption Act; and
disciplinary proceedings has also been initiated and pending against the
https://www.mhc.tn.gov.in/judis
respondent under 17(b) of the Tamil Nadu Civil Services (Discipline and
Appeal) Rules 1955. He further putforth that, as per the order passed by
the learned Single, the suspension order, dated 14.10.2019 was quashed.
However, considering the pendency of the criminal case and also the
disciplinary proceedings against the respondent, the appellant may be
permitted to issue a fresh suspension order against the respondent.
4. Considering the submission made by the learned Additional
Government Pleader and also taking into account the pendency of the
criminal case as well as the disciplinary proceedings, we grant liberty to
the appellants authorities to issue fresh suspension order against the
respondent, if so advised.
5. Accordingly, this writ appeal is disposed of. There shall be no
order as to costs.
(D.K.K, J.) (P.B.B., J.)
19.11.2024
Internet: Yes/No
Index : Yes/No
mst
https://www.mhc.tn.gov.in/judis
To
1. Inspector General of Registration,
No.100, Santhome High Road,
Chennai 600 028.
2. The Deputy Inspector General of Registration,
Vellore.
https://www.mhc.tn.gov.in/judis
D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
mst
W.A.3287 of 2024
19.11.2024
https://www.mhc.tn.gov.in/judis
