Advocates:
['M/S S SIVAKUMAR', '', 'M KRISHNAMOORTHY', 'P VENKATRAMAN&K MAYURAPRIYAN', 'M/S CNG NIRAIMATHI']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2019

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM

W.P.No.18136 of 2018

and

WMP.No.21431 of 2018

A.M.Sivashankar

...Petitioner

Vs

The Secretary,

Tamilnadu Public Service Commission,

Chennai - 03.

...Respondent

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 Certiorari,

calling for the records of the respondents in connection with

the impugned order passed by the respondent in proceedings

No.7364/PD-D3/2017 dated 27.11.2017 and quash the same.

For Petitioner :Mr.S.Sivakumar

For Respondents

:Mr.C.N.G.Niraimathi,

Standing Counsel

O R D E R

The order of suspension dated 27.11.2017, is under challenge

in the present writ petition. The writ petitioner was working as

Section Officer and he was arrested and detained in custody on

24.11.2017, exceeding the period of 48 hours and the criminal

case has been registered against the writ petitioner and is

pending.

2. The learned counsel appearing on behalf of the respondent

states that the investigations are going on. When the

investigations are in progress, the order of suspension cannot

be revoked. The learned counsel for the writ petitioner states

that the writ petitioner is noway connected with the allegations

and he was unnecessarily implicated in the criminal case. This

Court is of an opinion that, adjudication on merits at this

point of time can never be entertained in a writ proceedings.

All such complex, facts and circumstances arising on account of

certain disputes are to be adjudicated before the Competent

https://hcservices.ecourts.gov.in/hcservices/

Authority by producing the documents and adducing evidences if

any. An order of suspension is an interim arrangement keeping an

employee away from the public office enabling Authorities to

proceed with the investigation in a free and fair manner.

3. This being the very nature of suspension, this Court is

of an opinion that, the High Court cannot adjudicate the merits

and demerits of the issues raised in the impugned order of

suspension or the defense statement furnished by way of an

affidavit in a writ proceedings.

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 education