R.Raju v. The District Collector / Inspector Of Panchayat

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2025

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN AND WMP NOS.6486 AND 6487 OF 2025 R.Raju S/o.Rangan No.1/317, Thimmaiya Goundan Pudur, Kothamangalam Post, Sathyamangalam Taluk, Erode District - 638 451.

...

Petitioner VS.

1.The District Collector / Inspector of Panchayat Erode District, Erode.

2.The Assistant Director Rural Development (Panchayats) 3.The Block Development Officer (Village Panchayat) 1/6

4.The Zonal Deputy Block Development Officer (Zone-4) ...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus, calling for the entire records pursuant to the order passed by the 3rd respondent vide in Na.Ka.No.2197/2024/A1 dated 30.07.2024, quash the same and consequently directing the respondents to reinstate the petitioner into the post of Panchayat Secretary, Kothamangalam Panchayat, Erode District, with all attendant benefits by considering his representation dated 05.11.2024.

For Petitioner :

Mr.S.Saravanan For Respondents 1&2 :

Mr.Nanmaran Additional Government Pleader For Respondents 3&4 :

Mr.M.Shahjahan

O R D E R

This Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records relating to the impugned order passed by the third respondent, Block Development Officer (Village Panchayat) Bhavanisagar Panchayat Union, Erode District in Na.Ka.No.2197/2024/A1 dated 30.07.2024 and quash the same and 2/6

direct the respondents to reinstate the petitioner into the post of Panchayat Secretary, Kothamangalam Panchayat, Erode District. The petitioner also seeks that all attendant benefits must be given to him. 2.In the affidavit filed in support of the Writ Petition, it had been stated that the petitioner was serving as the Panchayat Secretary of Kothamangalam Panchayat under Bhavanisagar Panchayat Union, Erode District. On 30.07.2024, he was placed under suspension following allegations of bribery. It is alleged that on 29.07.2024, the petitioner, along with the Panchayat President and Vice President, demanded a bribe of Rs.2,40,000/-. The petitioner was subsequently arrested during a trap operation conducted by the Directorate of Vigilance and AntiCorruption. 3.It is contended that there was not only a demand for a bribe but also acceptance of the bribe, which has been recorded as part of the investigation by the prosecution. The petitioner was remanded in custody until 19.08.2024, when he was granted bail. As he was under 3/6

arrest for more than 48 hours, he was placed under suspension on 30.07.2024.

4.The learned counsel for the petitioner stated that the name of the petitioner was not mentioned in the FIR and no Charge Sheet has been filed against him so far.

5.The allegations of bribery, including demand and acceptance, must be thoroughly investigated to also ascertain whether the petitioner has acquired assets disproportionate to his known sources of income. The departmental enquiry by the respondents is still pending. Taking into consideration the seriousness of the charges, I am not inclined to grant the relief sought in the Writ Petition. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

20.02.2025 Index : Yes / No : Yes / No Speaking Order : Yes / No TK 4/6

To 1.The District Collector / Inspector of Panchayat Erode District, Erode.

2.The Assistant Director Rural Development (Panchayats) 3.The Block Development Officer (Village Panchayat) 4.The Zonal Deputy Block Development Officer (Zone-4) 5/6

C.V.KARTHIKEYAN, J.

TK 20.02.2025 6/6