IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 02.09.2020 C O R A M The Hon'ble Mr. A.P.SAHI, THE CHIEF JUSTICE and The Hon'ble Mr. Justice SENTHILKUMAR RAMAMOORTHY Writ Appeal No.599 of 2020 &

C.M.P.No.8324 of 2020

1.Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO)

(Formerly Tamil Nadu Electricity Board), Rep. By its Chairman-cum-Managing Director, No.144, Anna Salai, Chennai-600 002.

2.The Chief Engineer (Personnel)

Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO)

(Formerly Tamil Nadu Electricity Board), Rep. By its Chairman-cum-Managing Director, No.144, Anna Salai, Chennai-600 002.

3.The Chief Engineer (Distribution)

Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO)

(Formerly Tamil Nadu Electricity Board), Villupuram Region, Villupuram. 4.The Superintending Engineer, Thiruvannamalai Electricity Distribution Circle, Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO)

(Formerly Tamil Nadu Electricity Board), Vengal, Thiruvannamalai. ... Appellants/Respondents Vs A.Srinivasan ... Respondent/Petitioner PRAYER : Writ Appeal is filed under Clause 15 of Letters Patent, to set aside the order dated 27.02.2020 made in W.P.No.3398 of 2020.

For Appellants : Mr.Karthik Rajan For Respondent : Mr.G.Sankaran

JUDGMENT

SENTHILKUMAR RAMAMOORTHY J., The Respondent herein is an employee of the Appellant and was working as a Junior Engineer [Electrical Grade I] in Thiruvannamalai Electricity Distribution Circle. During the course of employment, a trap was laid by the Vigilance and Anti-corruption Department on 09.01.2017, and the Respondent was found to have demanded illegal gratification to fix the change over switch. On that basis, he was arrested. Pursuant thereto, he was placed under deemed suspension on 13.01.2017 and such suspension has continued till date. A criminal case was registered against the Respondent under Section 7 of the Prevention of Corruption Act, 1988 and the said case is presently pending as S.C.No.53 of 2018 before the Chief Judicial Magistrate, Thiruvannamalai. On account of the continuation of the suspension, he filed W.P. No.3398 of 2020 to challenge the proceedings by which he was placed under suspension. By order dated 27.02.2020, the learned single Judge allowed the writ petition by revoking the suspension and directing that the Respondent/Petitioner be placed in a non-sensitive post. The learned single Judge further directed the Chief Judicial Magistrate-cum-Special Court, Thiruvannamalai, to complete the proceedings in Spl.C.C.No.53 of 2018 within a period of four months from the date of receipt of a copy of the order. The said order is impugned herein.

2. We heard the learned standing counsel, Mr.Karthik Rajan, for the Appellants and the learned counsel, Mr.G.Sankaran, for the respondent.

3. The learned counsel, Mr.Karthik Rajan, pointed out that the Respondent is being prosecuted before the Chief Judicial Magistrate, Thiruvannamalai, in a serious corruption case and, therefore, the continuation of the suspension by the Appellants cannot be faulted. In particular, he contends that the ratio of the judgment of the Hon'ble Supreme Court in Ajay Kumar Choudhary v. Union of India [2015 (7) SCC 291]

(Ajay Kumar Choudhary) is not applicable in a situation wherein criminal proceedings in respect of corruption are pending before a competent court. In fact, he points out that the learned single Judge directed that such proceedings be concluded within four months but notwithstanding such direction erred by revoking the suspension and directing that the Respondent be posted in a non-sensitive post. For all these reasons, he contended that the order of the learned single Judge is liable to be set aside.

4. On the contrary, Mr.Sankaran submitted that the Respondent was wrongly framed in the trap case and that the allegation is that he demanded a sum of Rs.2,100/- for getting permission to fix the change over switch. On that basis, he was suspended on 09.01.2017. In