M. Velusamy v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and W.M.P.No.8079 of 2022 M.Velusamy .. Petitioner
Versus
1.The State of Tamil Nadu Rep by its Addl Chief Secretary Home (Transport-II) Department Fort St.George, Chennai - 600 009 2.The Commissioner Transport Department Chepauk, Chennai - 600 005 3.The Deputy Superintendent of Police Vigilance and Anti Corruption Erode (R3 Suo Motu impleaded vide Order dated 24.07.2023 made in W.P.No.8098 of 2022 by NSKJ) .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records relating to the 1st respondent proceeding made in G.O.(2D)No.221 Home (TransportII) Department on 29.6.2018 consequently they issued G.O.(2D)No.222 Home (Transport-II) Department on 29.06.2018 retained in service and not permitted to retire from his service and quash the same and direct the respondents to allow the petitioner to retire from service without prejudice to pending 1/4
criminal case and grant all terminal benefits to the petitioners. For Petitioner : Mr.M.Muthappan for S.Saranraj For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader
ORDER
This writ petition has been filed challenging the suspension order passed on 29.06.2018, quash the same and direct the respondents to allow the petitioner to retire from service without prejudice to pending criminal case and grant all terminal benefits to the petitioner.
2. It is the grievance of the writ petitioner that he has been placed under suspension prior to his superannuation date, however, no progress has been made. Hence, challenging the same, this petition has been filed on the ground of prolonged suspension.
3. Heard both sides and perused the materials placed on record. The petitioner has been placed under suspension on the basis of FIR registered against the petitioner for the alleged acquiring of properties disproportionate to known source of his income. Now, the investigation is also proceeded against the petitioner by Erode Vigilance and Anti-Corruption in Cr.No.3/2018/AC under Section 13(2) read with 13(1)(e) of the Prevention of 2/4
Corruption Act, 1988. The status report filed by the respondent clearly indicates that the petitioner has acquired 36% more than his known source of his income to the tune of Rs.50,28,559/- and the investigation is almost over, now only final report has to be filed.
4. Considering the nature of the investigation proceedings, this Court is of the view that the departmental enquiry in this case is purely on the basis of the evidences and proof in the criminal case and the departmental proceedings has to wait till the outcome of the criminal prosecution.
5. Such view of the matter, there cannot be a direction at this stage to revoke or revisit the suspension. Accordingly, the respondents shall expedite the further prosecution proceedings.
6. In view of the above, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 29.08.2023 dhk Index:Yes/No Internet: Yes/No N.SATHISH KUMAR, J.
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dhk To 1.The Additional Chief Secretary The State of Tamil Nadu Home (Transport-II) Department Fort St.George, Chennai - 600 009 2.The Commissioner Transport Department Chepauk, Chennai - 600 005 3.The Deputy Superintendent of Police Vigilance and Anti Corruption Erode W.P.No.8098 of 2022 29.08.2023 (1/2) 4/4