Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. VAIDYANATHAN, J.
A. Mathuram - Petitioner
Versus
The Principal Secretary to Government, Municipal Administration and Water Supply Department, Chennai & Others - Respondents
W.P.(MD) No. 19628 of 2018 & W.M.P.(MD) Nos. 17413 & 17414 of 2018
Decided On : 02-11-2018
Madurai City Municipal Corporation (Discipline and Appeal) Rules, 1975 - Sub Rule 9(i) of Rule 8 – Suspension of service - Seeking to quash the order passed by the 1st respondent in his proceedings in G.O. Municipal Administration and Water supply (MC6) Department, by which the petitioner was placed under suspension – Held, suspension, it is better that the suspension can be reviewed, transferred and posted in a non-sensitive place - Later development, even without suspending an employee, the delinquent can be transferred to some other place on the ground of charges/misconduct, which will not amount to stigma. If the Government Official is corrupt, even the counter and vacate stay petition will not be allowed to be presented before the Court so that he could escape from the clutches of law and in many of the incidents like the one on hand, high stakes are involved and the participation of the officials cannot be ruled out - Charges, if any framed need to be proved in the manner known to law and it is made clear that whatever observed hereinabove is for only disposal of this writ petition and the same cannot be taken as a precedent for coming to the conclusion that the petitioner is guilty of charges and findings have to be recorded by the Disciplinary Authority only on the basis of the materials placed before them. It is advisable that the Government Officials holding a sensitive post shall have to be periodically transferred at least once in a year so that they will not have any vested interest - Writ Petition is dismissed
1. This petition has been filed, seeking to quash the order dated 05.09.2018 passed by the 1st respondent in his proceedings in G.O.(2D).No.72 Municipal Administration and Water supply (MC6) Department, by which the petitioner was placed under suspension by invoking Sub Rule 9(i) of Rule 8 of the Madurai City Municipal Corporation (Discipline and Appeal) Rules, 1975.
Brief Facts:
2. The case of the petitioner was that he was initially appointed as Assistant Engineer in the Corporation of Chennai in the year 1990 and was transferred to the Madurai Municipal Corporation thereafter. After various promotions, he was finally promoted as City Engineer in the 3rd respondent Corporation on 15.10.2013. While so, on 14.08.2018, he was transferred and posted as City Engineer on deputation to the 4th respondent Municipal Corporation and the said post was created by upgrading the post of Executive Engineer on 22.05.2012. In his place at Madurai Municipal Corporation, one Mr.Ruben Suresh Ponnaiah/5th respondent herein was posted on deputation and the petitioner, aggrieved by his transfer on deputation, had filed W.P.(MD) No.18228 of 2018 before this Court on various grounds.
2.1. While so, a disciplinary action was initiated against him on the ground of various irregularities based on the report of the Directorate of Vigilance and Anti Corruption report and subsequently, the 1st respondent had passed an order dated 05.09.2018, which is impugned herein, thereby suspending him from service so as to ensure free and fair enquiry and the following charges were framed against him:
“(i) that Thiru A.Mathuram, City Engineer, Madurai City Municipal Corporation has given the eligibility certificate for 1.Tmt.J.Malliga, Assistant Engineer 2. Thiru. M. Balamurugan, Assistant Engineer and 3. Thiru M. Kamaraj, Assistant Engineer stating that no charges were pending against them and recommending the above three persons for promotion, he has suppressed the facts about pendency of disciplinary action against the above 3 Assistant Engineers to the superiors, which is unbecoming of a Municipal Corporation Servant.
(ii) that Thiru A. Mathuram, City Engineer, Madurai City Municipal Corporation failed to adhere to the instructions issued in Government Order (G.O.(Ms.) No.22, Personnel and Administrative Reforms (S) Department dated 24.02.2014 while preparations of approved list for the post of Assistant Executive Engineers for the year 2014-2015.
(iii) that during 2003 – 2004 Thiru A.Mathuram, Assistant Executive Engineer (now City Engineer) Madurai Corporation has committed malpractices in the purchase of ROBOT causing financial loss to the Madurai Corporation.
(iv) that he has failed to issue notice to the then Executive Engineer, TNHB, Madurai for the unauthorized construction of 104 HIG Flats at Ellis Nagar, Madurai between May 2011 and October 2012 and also held responsible for the missing of files in Ma.4 Po.6/00593/09 dated 25.04.2012 and issuance of demand notice to TNHB, Madurai before getting planning permission from LPA, Madurai and also collection of charges of Rs.6,86,332/- from TNHB, Madurai in the construction of said flats, prior to issuance of planning permission by the Member Secretary, LPA Madurai as recommended by the Director of Vigilance and Anti-Corruption.
(v) that enquiry into grave charges against Thiru A. Mathuram, City Engineer, Madurai City Municipal Corporation is contemplated in connection with the procedural lapses as well as non-adherence of financial discipline in the execution of construction of Omni Bus Terminal near Maatuthavani in Madurai i.e. Work estimates were unreasonably split up into 26 instead of one estimate to suit the convenience of Technical Sanction powers to the City Engineer and Engineers in violation of Tender Rules.”
2.2. It was submitted that on account of filing a writ petition against his transfer on deputation dated 14.08.2018, he has been suspended from service on vengeance, which is against the settled
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
