Madras High Court
The Commissioner Of Police vs V.S. Singaram on 9 September, 2021
Author: S. Vaidyanathan
Bench: S.Vaidyanathan
W.A. No. 1298 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE A.A. NAKKIRAN
W.A.No. 1298 of 2021
1. The Commissioner of Police,
Coimbatore City.
2. The Deputy Commissioner of Police,
Traffic, Coimbatore City. ..Appellants
Vs.
V.S. Singaram ..Respondent
Prayer: Writ Appeal as against the order dated 27.03.2019 passed in
W.P. No. 28608 of 2018.
For Appellants :: Mr.K. Tippu Sultan
Govt. Advocate
For Respondent :: Mr.N. Naganathan
JUDGMENT
(Judgment of the Court was delivered by S. VAIDYANATHAN,J.) The present writ appeal has been preferred as against the order dated 27.03.2019 passed in W.P. No. 28608 of 2018.
http://www.judis.nic.in W.A. No. 1298 of 2021
2. The subject matter of challenge in the writ petition was the order of suspension dated 26.07.2013. The respondent/writ petitioner, who was holding the post of Special Sub Inspector of Police, Traffic Investigation Wing, Central Coimbatore, was placed under suspension on being caught red-handed by the Department of Vigilance and Anti Corruption while receiving illegal gratification after a trap was laid. A criminal case was registered against the respondent/writ petitioner by the Department of Vigilance and Anti Corruption under the provisions of Prevention of Corruption Act, 1988 and on the date of filing of the writ petition, the same was pending, by which time, the respondent/writ petitioner had been under suspension for 5 years, without any finality in the departmental as well as criminal proceedings. Questioning the prolonged suspension, the writ petition was filed and the learned Single Judge, considering the legal principles settled by Constitutional Courts, as regards prolonged suspension, quashed the order of suspension and directed reinstatement of the respondent/writ petitioner, in any one of the non-sensitive post till the conclusion of departmental disciplinary proceedings as well as the criminal proceedings. Challenging the same, the Department is before this Court in this writ appeal.
http://www.judis.nic.in W.A. No. 1298 of 2021
3. Heard both sides.
4. The respondent was placed under suspension as early as on 26.07.2013 and departmental proceedings have not yet been concluded. The reason for not proceeding with the departmental proceedings was that the employee was facing criminal case which was registered by the Department of Vigilance and Anti corruption under the provisions of Prevention of Corruption Act, the charge being that the employee had demanded bribe. The Hon’ble Apex Court in the judgment in Ajay Kumar Choudhary V. Union of India reported in 2015 (3) CTC 119 has held that keeping an employee under suspension for years together and paying him wages is not going to help anyone and instead of keeping the person under suspension, he can be posted in a non-sensitive post and the departmental proceedings can go on. In the judgment of the Apex Court in M/s. Stanzen Toyotetsu India Pvt.Ltd. V. Girish V. And others, it was held that the Department will have to wait for one year for the completion of criminal proceedings and if the criminal proceedings do not conclude by that time, the departmental proceedings can go on without waiting for the decision in the criminal case and that both departmental and criminal proceedings can go on simultaneously. The said judgment has been followed by one of us (SVNJ) in V.Mohanraj V.The Secretary & 2 others (W.P. No. 13 of 2021 http://www.judis.nic.in dated 06.01.2021) The learned Single Judge has rightly interfered with the W.A. No. 1298 of 2021 S. VAIDYANATHAN,J.
AND A.A. NAKKIRAN,J.
nv suspension order impugned in the writ petition as no purpose is going to be served.
5. During the course of arguments, Mr.Tippu Sultan, learned Government Advocate submitted that the departmental proceedings have already been completed and final orders are yet to be passed. As stated supra, pendency of criminal proceedings is no bar for the department to pass final orders in the departmental proceedings. Further, it is made clear that only after final orders are passed, the employee can approach the Court challenging the same and he shall not try to stall the enquiry proceedings and final orders have to be passed by the authority concerned within two months from the date of receipt of this order. The writ appeal stands dismissed with the above direction. No costs.
(S.V.N.J.) (A.A.N.J.) 09.09.2021 http://www.judis.nic.in nv W.A. No. 1298 of 2021 W.A. No. 1298 of 2021 http://www.judis.nic.in