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2019 Supreme(Mad) 1496

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. Subramaniam, J.
P. Saravanan - Appellant
Versus
The District Collector, Erode District, Erode & Others - Respondent
W.P. No. 25846 of 2018 & WMP.No. 30046 of 2018
Decided On : 27-03-2019

Advocates Appeared:
For the Petitioner:A. Nagarathinam, Advocate.
For the Respondents: A.N. Thambidurai, Spl.Govt.Pleader.

Headnote:

Constitution of India - Article 226 - Criminal offence investigated - Rejected by respondent in proceeding – Death - Ended in acquittal - Periodical review of orders of suspension are also warranted - Order of suspensions are to be revoked taking note of changed facts and circumstances and considering status of criminal case pending against delinquent officials - All such facts and circumstances are to be considered while undertaking process of review - In case of writ petitioner while exercising power of review it is stated that process for accord sanction for prosecution as against writ petitioner by Vigilance and Anti-Corruption Department was pending - Authorities Competent refused to revoke order of suspension now almost two years lapsed and under these circumstances case of writ petitioner to be reviewed further with reference to changed circumstances – Held, An order of acquittal will not automatically exonerate an employee from departmental disciplinary proceedings - To convict a public servant under Criminal Court of law a strict high standard of proof is required – However no such proof is required for punishing an employee under Discipline and Appeal Rules - Preponderance of probabilities are enough to punish an employee - This being distinct and different nature of proceedings this Court is of opinion that there is no bar on part of disciplinary authority either to continue with departmental disciplinary proceedings or to keep disciplinary proceedings in abeyance till disposal of criminal case - Facts and circumstances are to be considered independently by competent authority in each case - In all such circumstances competent authority must ensure that order of suspension issued are periodically reviewed in interest of public administration as well as taking note of grievances of delinquent officials also - Undoubtedly in present case an allegation of corruption is raised - A regular case under Prevention of Anti-Corruption Act was registered against writ petitioner – Thus writ petitioner has to participate in process of enquiry as well as in criminal trial and establish his innocence or otherwise by producing documents and by adducing evidences - Counsel for writ petitioner states that representation submitted by writ petitioner for reviewing order of suspension is pending before authorities competent - However it is for authorities to consider all facts and circumstances and take a decision in this regard - In event of non availability of relevant documents and materials then a decision shall be taken by authorities to keep departmental disciplinary proceedings in abeyance till disposal of criminal case - In such circumstances after disposal of criminal case such authority is empowered to continue with departmental disciplinary proceedings even if criminal proceedings ended in acquittal – Petition dismissed

JUDGMENT :

(Prayer; Writ Petition filed under Article 226 of the Constitution of India, to issue a writ or order or orders or direction particularly in the nature of Writ of Certiorarified Mandamus, calling for the records pertaining to the order made in na.Ka.3910/2016/A2 dated 05.04.2017 issued by the 2nd respondents to reinstate the petitioner in service as Village Administrative Officer with all benefits.)

The writ petitioner was placed under suspension in proceeding dated 13.07.2016. The writ petitioner was placed under suspension on account of the fact that he had involved in a criminal offence investigated by the Vigilance and Anti-Corruption Wing, Erode and a case was registered.

2. The writ petitioner was arrested and detained under custody for a period exceeding 48 hours. Thus, he was placed under suspension. The learned counsel for the writ petitioner states that the writ petitioner is unconnected with the allegations and his request for revocation of suspension order also had been rejected by the respondent in proceeding dated 05.04.2017.

3. Periodical review of the orders of suspension are also warranted. Order of suspensions are to be revoked taking note of the changed facts and circumstances and considering the status of the criminal case pending against the delinquent officials. All such facts and circumstances are to be considered while undertaking the process of review. In the case of the writ petitioner, while exercising the power of review, it is stated that the process for accord sanction for prosecution as against the writ petitioner by the Vigilance and Anti-Corruption Department was pending. Therefore, the Authorities Competent refused to revoke the order of suspension, now almost two years lapsed and under these circumstances, the case of the writ petitioner to be reviewed further with reference to the changed circumstances.

4. Corruption from Birth to Death becomes way of Life:-

Every common man, in our Great Nation, is facing corruption from his/her birth to death.

Bribing the public authorities start right from the child in mother's womb. Even for getting the benefits of Government welfare schemes, people have to bribe the public officials.

For instance, a pregnant woman is admitted in a public hospital for delivery. Her family has to bribe the staff members of the hospital and on few occasions, the Doctors also. If you are honest, you may not get proper attendance, adequate medical facilities, decent accommodations etc., in public hospitals.

Decent medical facility is an integral part of Article 21 of the Constitution of India and it is duty mandatory on the part of the State to ensure such a valuable right. Decent medical facility includes cleanliness in the hospital, adequate care, medical treatment and accommodation etc. The worst form of corruption is that different bribe amount is demanded for male child and female child. The gender bias in corruption is also prevails.

After birth, the parents have to bribe the educational authorities for getting admissions in schools. Thereafter to the colleges and for professional Courses in reputed institution. People are forced to bribe the officials in order to secure their rights. Even in examinations, evaluation of answer sheets, providing internal marks, everywhere bribe to the officials are common.

It is painful and unfortunate to state that sexual favours are demanded in lieu of bribe in educational institutions and public offices and what else can be the worst situation than this in public administration.

For employment youths are struggling and in rural areas, parents are forced to dispose their properties for bribing the officials in order to secure employment. Undoubtedly, our Great Nation, has got beautiful Statutes, Rules and orders. However, the Executives/Administrators are not ensuring any full proof system in conducting the process of selections and appointments.

Selections are knowingly or unknowingly conducted with many lapses and lacunas, which provi

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