W.P.(MD)No.14356 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 08.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.(MD)No.14356 of 2019

and

W.M.P.(MD)No.10792 of 2019

K.P.T.Stalin

... Petitioner

-Vs-

1.The Additional Director of Survey and Land Records,

Ezhilagam, Chepauk.

2.The Assistant Director of Survey and Land Records,

Nagercoil, Kanyakumari District.

3.The Assistant Director of Survey and Land Records,

Thanjavur, Thanjavur District.

4.The Chief Secretary,

Government of Tamil Nadu,

Secretariat, Chennai-600 009.

... Respondents

(4^th respondent is suo motu impleaded

vide Court Order dated 08.02.2022)

PRAYER: Writ Petition filed under Article 226 of the Constitution of

India for issuance of Writ of Certiorarified Mandamus, calling for

the records relating to the impugned Charge Memo issued by the 2^nd

respondent herein in Na.Ka.No.2/4869/2007-2 dated 18.09.2009, quash

the same and further direct the respondents herein to regularise

petitioner's suspension period from 07.07.2007 onwards with all

service and monetary benefits including further promotion within a

reasonable time as may be specified by this Court.

For Petitioner

: Mr.E.V.N.Siva

For Respondents

: Mr.N.Satheesh Kumar

Additional Government Pleader

ORDER

The charge memo dated 18.09.2009 issued by the Assistant

Director of Survey and Land Records / second respondent is under

challenge in the present Writ Petition.

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

W.P.(MD)No.14356 of 2019

2.The writ petitioner is working as Firka Surveyor in

Peravurani Taluk Office, Thanjavur District. He was placed under

suspension in proceedings dated 07.07.2007 on account of criminal

case registered against him for the offences punishable under

Sections 7, 13(2) and 13(1)(d) of Prevention of Corruption Act,

1988. Criminal trial was concluded and the petitioner was acquitted

from the criminal case through judgment dated 15.05.2017. As

against the order of acquittal, Criminal Appeal in

Crl.A.No.440 of 2016 was filed by the State and the same is pending.

3.The learned counsel appearing for the petitioner mainly

contended that there was a delay of two years in framing the charges

and subsequently, no progress has been made in the disciplinary

proceedings. Even after passing an order of acquittal dated

15.05.2017, no decision was taken and therefore, the petitioner is

constrained to file this Writ Petition, challenging the charge memo.

4.In the present case, the writ petitioner was placed under

suspension on registration of a criminal case under the Prevention

of Corruption Act, 1988. Admittedly, the petitioner was acquitted

from the criminal charges on the ground of want of evidence. The

State preferred Crl.A.No.440 of 2016, which is pending. Under these

circumstances, a doubt arises in the mind of the disciplinary

authority, whether to conclude the disciplinary proceedings or to

keep the proceedings in abeyance. The doubt arises since the

criminal case ended with an order of acquittal and the criminal

appeal filed is pending. There are large number of such cases of

disciplinary proceedings pending in various Government departments

and Government institutions across the State of Tamil Nadu. By

taking undue advantage of the long pendency of the criminal cases

and the delay, the delinquent officials are attempting to escape

from the clutches of law and further filing Writ Petitions after

Writ Petitions at each stage, so as to frustrate the departmental

disciplinary proceedings. In the event of not dealing with these

matters in an appropriate manner, the same will end in financial

loss to the State and in the event of reinstatement, the question of

backwages or other benefit would arise and various mitigating

circumstances are to be considered, in such cases where the

disciplinary proceedings ar