IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.VAIDYANATHAN, J.
V.Prabakar - Appellant
Versus
Chennai Port Trust, Rep. by its Chairman, Rajaji Salai, Chennai - Respondent
W.P.No.16148 of 2020
Decided On : 08-06-2021
Port Trust - Charge of corruption - Suspended from service - Challenged - Seeking direction to the Respondents to regulate the period of suspension and as well as out of employment period, as duty for all purposes and for a further direction to the Respondents to draw and disburse pay and allowances due to him - Manager of M/s.Hunter Shipping and Trading Company, in order to wreck vengeance against him, for his refusal to adjust amount already deposited towards the enhanced deposit, has chosen to prefer a false complaint against him and with help of CBI officials, dipped his fingers in a glass tumbler containing phenopthelene powder and solution turned pink. With regard to the charge of corruption, Petitioner was arrested and remanded to judicial custody and came out on bail. He was suspended from service - Held, It is a very bad practice in service law and Courts are also made as a scapegoat to enrich the corrupt. Even if time frame to complete proceedings is given, it is not mandatory and becomes only directory and ultimately, it is dilatory. The case on hand is a classic example of protracting the proceedings by a hardcore miscreant - It has been clearly proven in domestic enquiry and that itself is suffice to hold Petitioner guilty and to impose a capital punishment - It is made clear that, Petitioner shall not seek time for submitting a Reply under any circumstances, even be it COVID-19, as he has already sought time on this pretext - Writ Petition dismissed
ORDER :
1. Petitioner has come up with this Writ Petition challenging the impugned order passed by the Respondent vide Ref.No.CME/A1/1676/2013/MEE, dated 14.06.2014 and the Memorandum of the Respondent vide No.CME/A1/1676/2013/MEE, dated 19.10.2020 with the IO Report dated 14.08.2020, and for a consequential direction to the Respondents to regulate the period of suspension and as well as out of employment period, as duty for all purposes and for a further direction to the Respondents to draw and disburse pay and allowances due to him.
2. Facts leading to the filing of the present Writ Petition, as narrated by the Petitioner in his Affidavit, are thus:
2(a) According to the Petitioner, he joined the services of the Respondent/Port Trust in January 1987. By merit and seniority, he was promoted as Deputy Chief Engineer in the year 2012. Though, he became due for promotion as Chief Engineer, on account of a pending criminal case, he could not claim for the post of Chief Mechanical Engineer, while some of his juniors were already promoted to the said post, to the other Ports.
2(b) As Deputy Chief Mechanical Engineer, the prime responsibility of the Petitioner was to provide power supply to various Port users inside the Port, based on their request and consumption charges are recovered from them as per the TNEB tariff.
2(c) It is stated by the Petitioner that, during the year 2013, a firm viz. M/s.Hunter Shipping and Trading was allotted open space inside the Port premises by the Traffic Department, at the western side of Ore Area near BDII Area-I, measuring an extent of 8,230 sq. metres for a lease period of 11 months from 01.08.2012 to 30.06.2013, after getting approval from the Chairman, Chennai Port Trust. For such allotment, the firm has paid a Security Deposit of Rs.14,380/- towards temporary power supply. As the lease period expired on 30.06.2013, the firm submitted an Application on 17.06.2013 to the Deputy Traffic Manager of the Chennai Port Trust for renewal of lease for a further period of 11 months from 01.07.2013 to 31.05.2014.
2(d) Thereafter, on 03.07.2013, one Mir Iqbal Ali, Manager of M/s.Hunter Shipping & Trading Company met the Petitioner and submitted a letter dated 17.06.2013, in which the Deputy Traffic Manager (Lands & Building) has recommended to continue temporary power supply to the firm, as the Company’s renewal application was under process. It is stated by the Petitioner that, after receiving oral permission from the Chief Mechanical Engineer, he endorsed in the letter for necessary action and instructed the then Executive Engineer (Power Supply) to extend temporary power supply for July 2013.
2(e) In the meanwhile, the firm received the renewal order from the Deputy Traffic Manager (L & B) after getting approval from the Chairman, Chennai Port Trust, on 08.07.2013, for renewal of the lease period from 01.07.2013 to 31.05.2014. After receiving the order, the Executive Engineer (PS) along with the Assistant Engineer, inspected the site and assessed the electricity load connected/utilized by the firm. The Security Deposit towards temporary power supply was worked out by the AE (PS)/EXE (PS)/SEC (ES & CH) as Rs.23,210/- and a letter was sent to the firm on 31.07.2013 to remit the amount.
2(f) On 05.08.2013, Mir Iqbal Ali, Manager of M/s.Hunter Shipping & Trading Company, met the Petitioner in his cabin and stated that, they are ready to pay the Security Deposit amount of Rs.23,210/- towards temporary power supply and requested him as to where to pay the same. The Petitioner advised him to remit the amount in the Finance Department of Chennai Port Trust. Then, the Petitioner began working in his Computer. After sometime, a group of 7 to 8 persons rushed to the Petitioner’s cabin and introduced themselves as officials from CBI and informed the Petitioner that, he is arrested for receiving a bribe of Rs.25,000/- from Mir Iqbal Ali, Manager of M/s.Hunter Shipping and Trading Company. Though the Petitioner denied the sa
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