BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On : 13.06.2024 Delivered On : 11.09.2024 CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)Nos.6898, 11577 and 13068 of 2023 and W.M.P.(MD)Nos.6486, 10062, 11081 and 24626 of 2023 P.Subramanian ... Petitioner Vs.

1.The Secretary to Government, Highways Department, St.Geroge Fort, Chennai.

2.The Commissioner of Disciplinary Proceedings, Tribunal for Disciplinary Proceedings, Tirunelveli, 4/929, Rahmath Nagar, Maharaja Nagar Post, Tirunelveli District. ... Respondents in W.P.(MD)No.6898 of 2023

1.The State of Tamil Nadu, Represented by Additional Chief Secretary to Government, Highways and Minor Ports Department, St.George Fort, Chennai – 600 009.

2.The Vigilance Commission, Chennai – 600 009.

3.The Director, Vigilance and Anti Corruption, No.293, MKN Road, Alandur, Chennai – 600 016. ... Respondents in W.P.(MD)No.11577 of 2023 The State of Tamil Nadu, Represented by Principal Secretary, Highways and Minor Ports Department, St.George Fort, Chennai – 600 009. ... Respondent in W.P.(MD)No.13068 of 2023 PRAYER in W.P.(MD)No.6898 of 2023 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned charge memo passed by the second respondent against the petitioner in Roc.A2/07/2023 (TDP No.01/2023) dated 07.03.2023 and any consequent proceedings thereto and quash the same as illegal.

PRAYER in W.P.(MD)No.11577 of 2023 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned suspension order passed by the 1^st respondent against the petitioner in G.O.(3D)No.5 dated 26.04.2023 and in G.O.(3D)No.6 dated 30.04.2023 and any consequent proceedings thereto and quash the same as illegal and consequently direct the respondents to permit the petitioner to retire on 30.04.2023 with all monetary benefits and attendant benefits.

PRAYER in W.P.(MD)No.13068 of 2023 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned charge memo passed by the respondent against the petitioner in Government Letter No.18455/HL1/2003-89, Highways and Minor Ports (HL1) Department, dated 12.07.2022.

For Petitioner : Mr.Sricharan Rengarajan (in all W.Ps.) Senior Counsel For Mr.H.Mohamed Ashick For Respondents : Mr.R.Baskaran (in all W.Ps.) Additional Advocate General Assisted by Mr.John Jeyakumar, Government Advocate

COMMON ORDER

The Writ Petition is filed, to quash the impugned charge memo passed by the second respondent against the petitioner in Roc.A2/07/2023 (TDP No.01/2023) dated 07.03.2023, the impugned suspension order passed by the 1^st respondent against the petitioner in G.O.(3D)No.5 dated 26.04.2023 and in G.O.(3D)No.6 dated 30.04.2023 and Government Letter No. 18455/HL1/2003-89, Highways and Minor Ports (HL1) Department, dated 12.07.2022 and to direct the respondents to permit the petitioner to retire on 30.04.2023 with all monetary benefits and attendant benefits

2.Heard the learned Senior Counsel, Mr.Sri Charan Rangarajan for H.Mohammad Ashick on behalf of the petitioner, Mr.R.Baskaran, learned Additional Advocate General for Mr.John Jeyakumar, learned Government Advocate on behalf of the respondents and anxiously perused the materials available on record.

3.All the three Writ Petitions are filed by the same petitioner. The petitioner joined as an Assistant Engineer in the State Highways Department on 08.11.1991. While he was working as an Assistant Engineer in Alangulam Section of Tirunelveli district, a criminal case was registered as against him in Crime No.15 of 2003 under Sections 7 and 13 of the Prevention of Corruption Act, on the basis of a complaint received from one Thiru.Narayanan, who is the husband of one Mrs.Indra Sasikala, a Contractor for Highways Contract. The learned Chief Judicial Magistrate