Madras High Court
P.Jeyaraman vs The Secretary To Government on 7 August, 2019
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.(MD) No.17371 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.(MD) No.17371 of 2019
P.Jeyaraman ... Petitioner
Vs.
1.The Secretary to Government,
Home (Police XVII) Department,
Fort.St.George,
Chennai - 9.
2.The Director,
Vigilance and Anti Corruption Department,
No.293, MKN Road,
Alandur,
Chennai 600 016.
(R2 is suo motu impleaded by this Court
by order dated 07.08.2019)
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus, to direct the
respondent herein to pass appropriate order and allowing the petitioner to
retire from service based on the acquittal in the Criminal Case and to settle
all retirement/pensionary benefits within reasonable time by considering the
petitioner representation dated 16.2.2019.
For Petitioner : Mr.S.Sivakumar
For Respondents : Mr.Aayiram K.Selvakumar
Additional Government Pleader
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W.P.(MD) No.17371 of 2019
ORDER
This Writ Petition has been filed to direct the respondent to pass appropriate orders for allowing the petitioner to retire from service based on the acquittal in the Criminal Case and to settle all retirement/pensionary benefits to the petitioner.
2.Mr.Aayiram K.Selvakumar, learned Additional Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3.According to the petitioner, while he was working as Divisional Fire Officer, Theni, he has been falsely implicated in a criminal case in Cr.No.4 of 2011 for the offences under Section 7 of the Prevention of Corruption Act. Based on the involvement in the said criminal case, the petitioner was placed under suspension by order dated 25.03.2013 by the respondent. After completing the investigation, the respondent police has filed a charge sheet in Special case No.9 of 2014 and the same has been taken on file by the learned Chief Judicial Magistrate/Special Judge, Theni. In the meantime, he has attained the age of superannuation on 31.01.2016 and on the same day itself, the respondent has passed an order not allowing the petitioner to retire from service by invoking FR56(1) (c) and retained him in service, till the disposal of the said criminal case. http://www.judis.nic.in 2/6 W.P.(MD) No.17371 of 2019
4.At this juncture, on 31.01.2019, the petitioner was acquitted from the said criminal case. Thereafter, by stating all those facts, the petitioner made a representation to the respondent on 16.02.2019 to allow him to retire from service and to settle all the retirement/pensionary benefits within a reasonable time. But, so far, the respondent has not passed any orders till date. Hence, the petitioner is before this Court for the relief stated supra.
5.In reply, the learned Additional Government Pleader appearing for the respondent would submit that the petitioner's representation dated 16.02.2019, would be considered on merits and in accordance with law, within a time frame to be fixed by this Court.
6.Heard the learned counsel on either side and perused the records.
7.On perusal of the records, it is seen that in a large number of cases, the DV&AC has registered a criminal case for the aforesaid charges against the delinquent employees and after that, they have not chosen to initiate departmental disciplinary proceedings against them in the light of the G.O.Ms.No.124, Personnel & Administrative Reforms (Per.N) Department, dated 22.02.1983. In so many cases, though this Court has come across that the respondent has not initiate departmental disciplinary proceedings http://www.judis.nic.in 3/6 W.P.(MD) No.17371 of 2019 against the delinquent employees, who have committed irregularities and were placed under suspension based on the DV&AC Cases, this Court is not able to understand as to why the respondent has not chosen to initiate the departmental disciplinary proceedings against them.
8.In view of the foregoing discussion and in agreement with the submission made by the learned Additional Government Pleader, this Court is inclined to pass the following orders:
i) the first respondent is directed to issue suitable instructions to the officers concerned to comply with the aforesaid Government Order dated 22.02.1983 in letter and spirit without any deviation, within a period of four weeks from the date of receipt of a copy of this order;
ii) based on the aforesaid instruction, the officers concerned shall communicate all the concerned officials for taking appropriate action against the erring officials and staffs of the respondent department, who are involved in criminal charges registered under the provisions of Prevention of Corruption Act, 1988, lodged by the DV&AC Department.
If no disciplinary action is taken by the officials concerned, the officers concerned are directed to take necessary action against the officials concerned;
iii) the second respondent shall also furnish the relevant documents to the disciplinary authorities concerned in accordance with rules for initiating departmental disciplinary proceedings against the http://www.judis.nic.in 4/6 W.P.(MD) No.17371 of 2019 erring officials and staffs of the respondent department based on the criminal charges under the provisions of Prevention of Corruption Act, 1988, lodged by the DV&AC Department; and
iv) the first respondent is also directed to consider the petitioner's representation dated 16.02.2019 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order;
9.With the above directions, this Writ Petition is disposed of. No costs.
Index :Yes/No 07.08.2019
Internet : Yes/No
mm
To
1.The Secretary to Government,
Home (Police XVII) Department,
Fort.St.George,
Chennai - 9.
2.The Director,
Vigilance and Anti Corruption Department,
No.293, MKN Road,
Alandur,
Chennai 600 016.
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W.P.(MD) No.17371 of 2019
D.KRISHNAKUMAR, J.
mm
W.P.(MD)No.17371 of 2019
07.08.2019
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