A.Vasudevan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2025 Coram THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN W.P.No.11915 of 2025 & W.M.P.No.13485 of 2025 A.Vasudevan ... Petitioner -Versus1.The District Collector, Dharmapuri District, Dharmapuri.
2.The Revenue Divisional Officer, The Revenue Divisional Office Harur, Harur, Dharmapuri District.
3.The Inspector of Police, Vigilance & Anti Corruption Department, Dharmapuri, Dharmapuri District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Certiorarified Mandamus calling for the records pertaining order of the second respondent proceedings vide Roc.No.952/2024(A1)-2, dated 15.04.2024 and quash the same as illegal, improper, incompetent and ultra-virus and consequently direct the second respondent herein to reinstate
the petitioner post of Village Assistant, Village Administrative Office, H.Agaraharam Revenue Village, Harur Taluk, Dharmapuri District with all back wages.
For Petitioner : Mr.C.Palanisamy For Respondent : Mr.V.Nanmaran, Additional Government Pleader
ORDER
The writ petition has been filed in the nature of a certiorarified mandamus seeking records relating to an order of the second respondent dated 15.04.2024, by which order, the petitioner was placed under suspension.
2. The petitioner was working as Village Assistant in Village Administrative Office, H.Agaraharam Village, Harur Taluk, Dharmapuri District. On a complaint that he he demanded bribe amount, an FIR in Crime No.3/AC/2024 had been registered on 12.04.2024 for the offences punishable under Section 7(a) of the Prevention of Corruption Act, 1988 as amended in 2018. A trap was laid and the petitioner was caught red-handed when he was demanding and accepting the bribe amount. The petitioner was thereafter placed under suspension.
3. It is contended on behalf of the respondents that a charge memo had been issued to the petitioner and the investigation had not yet been completed by the prosecution agency.
4. The learned counsel for the petitioner had placed reliance on the judgment of a learned Single Judge reported in (2018) 17 SCC 677 (State of Tamil Nadu represented by Secretary to Government (Home) v. Promod Kumar IPS and another) wherein it had been stated that prolonged suspension is improper.
5. But the petitioner has been paid with subsistence allowance. Since the investigation is still pending, there is always a possibility of the petitioner interfering with the investigation process. That will have to be taken note by this court.
6. In view of the reason stated above, I am not inclined to interfere with the order. The Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
03.04.2025 nl Index : Yes/No Speaking order/Non speaking order C.V.KARTHIKEYAN, J.
nl To 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The Revenue Divisional Officer, The Revenue Divisional Office Harur, Harur, Dharmapuri District.
3.The Inspector of Police, Vigilance & Anti Corruption Department, Dharmapuri, Dharmapuri District.
03.04.2025