Madras High Court
The District Collector vs G.Millar on 23 August, 2017
Author: Huluvadi G.Ramesh
Bench: Huluvadi G.Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.08.2017
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH
AND
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
W.A.No.807 of 2017
1. The District Collector
Dharmapuri District
at Dharmapuri
2. The Inspector of Police
Vigilance and Anti Corruption Department
Dharmapuri District .. Appellants
-vs-
G.Millar .. Respondent
Appeal under Clause 15 of the Letters Patent, against the order dated 04.11.2016 made in W.P.No.28518 of 2016.
For Appellants :: Mr.S.T.S.Murthi
Additional Advocate General
assisted by
Mr.R.Prathapkumar
Additional Government Pleader
For Respondent :: Mr.AR.L.Sundaresan
Senior Counsel for
Mr.N.Elumalai
JUDGMENT
(Judgment of the Court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel for the parties.
2. Aggrieved by the order of the learned single Judge, the State is before us in this appeal questioning the correctness of the order of reinstatement passed in favour of the respondent, pending disposal of the enquiry/criminal case. It appears that it is a case where a trap was conducted and a charge sheet has also been filed against the respondent/accused for having demanded and accepted an amount of Rs.10,000/-. However, relying upon the judgment of the Apex Court in Ajay Kumar Choudhary v. Union of India, 2015 (2) Scale 432, the learned single Judge has passed an order of reinstatement of the respondent to any non-sensitive post.
3. Since the charge sheet has already been filed, the State is permitted to prosecute the respondent/writ petitioner and can move the concerned Court for early disposal of the case by framing charges within six months. If the enquiry/criminal proceeding is not concluded during that period, then the respondent/writ petitioner may be reinstated to any non-sensitive post, pending disposal of the criminal case. However, if it is held otherwise, the order of the criminal Court would take its course of action. With this observation, the writ appeal stands disposed of. Consequently, C.M.P.No.11304 of 2017 is closed. No costs.
Index : yes/no (H.G.R.,J.) (T.K.R.,J.)
23.08.2017
ss
To
1. The District Collector
Dharmapuri District
at Dharmapuri
2. The Inspector of Police
Vigilance and Anti Corruption Department
Dharmapuri District
HULUVADI G.RAMESH, J.
AND
RMT.TEEKAA RAMAN, J.
ss
W.A.No.807 of 2017
23.08.2017