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Madras High CourtWP/18714/2026dismissed

T.Palanisamy v. The Commissioner

2026-06-04Honourable Ms. Justice P.T. Asha8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA & WMP No. 19994 of 2026 T.Palanisamy ..Petitioner(s) Vs The Commissioner Rural development and Panchayat Raj, Directorate of Rural Development and Panchayat Raj, Saidapet, Chennai - 600015.

..Respondent(s) Prayer:

This writ petition is filed under Article 226 of the Constitution of India seeking writ of certiorarified mandamus calling for the records of the respondent passed in his proceedings R.C.No.82589/2024/VC 1.1 dated 19.02.2026 and quash the same and to direct the respondent to await the final outcome of the Criminal Appeal No.424 of 2025 before proceeding any further against the petitioner. For Petitioner(s):

Mr. K.Bhasdker For Respondent(s):

Mr. K.Sathish Government Advocate

ORDER

This writ petition is filed for the following relief: "To call for the records of the respondent passed in his proceedings R.C.No.82589/2024/VC 1.1 dated 19.02.2026 and quash the same and to direct the respondent to await the final outcome of the Criminal Appeal No.424 of 2025 before proceeding further against the petitioner."

2. The petitioner joined as a Junior Engineer in Anicut Union Kaveripakkam EDO Block, then Vellore District now Ranipet District on 11.11.2011. Subsequently, the petitioner was transferred to Madhanur Union and attained superannuation on 30.06.2016, however, he was retained in service and not allowed to retire on account of the ongoing disciplinary action for alleged irregularities in executing the Kalaignar Veetu Vasadi Thittum (KVVT Scheme) in Karnavoor Panchayat of Anaicut Union Kaveripakkam Block.

3. The petitioner would submit that vide G.O.Ms No.68, Rural Development and Panchyat Raj dated 14.06.2010, the Government

implemented a scheme to replace huts into concrete houses. There were 43 beneficiaries from Vedanthangal Village, Kamavor Panchayat from Kaveripakkam BDO Block. Among the said 43 beneficiaries, 10 houses were the subject matter of the disciplinary action and enquiry. The beneficiaries have commenced their construction works and completed the 1st stage i.e. basement level and already the petitioner's predecessor had approved the M-Book and Rs.l0,000/-was released to each beneficiary.

4. The petitioner would submit that each beneficiary is entitled to a sum of Rs.75,000/- for constructing concrete house measuring 200 sq.ft and this amount was released in 4 stages. In the 1st stage i.e. after completing basement level Rs.l0,000/-, would be released. In the 2nd stage i.e. Lintel stage a sum of Rs.25,000/- would be released, on completion of roof a sum of Rs.20,000/- would be released and at final stage Rs.20,000/- would be released. The construction of every stage is supervised by the Overseer and the progress of each stage is recorded in M-Book and finally completion report will be prepared. The petitioner had to super check the construction and cross check the M-Book and approve it. Subsequently, the BDO will sanction funds to the Village panchayat account which in turn will be approved by the Village President and the beneficiaries by

themselves will encash the amount from the bank directly.

5. The petitioner came to learn that anonymous complaints were received in Vigilance Office, Vellore alleging that Karnavoor Panchayat President Mrs.Valliamman and two others have colluded and swindled the allotment of funds sanctioned for 10 beneficiaries in that Village Panchayat. Subsequent to that, FIR was lodged and an elaborate enquiry was conducted by the DVAC, Vellore and based on the final report charge sheet has been filed before the Chief Judicial Magistrate, Vellore in Spl.C.C.NO.19 of 2019 and subsequently the same was transferred to the file of the Special Judge / Chief Judicial Magistrate, Ranipet as Spl.C.C.No.21 of 2024.

6. The case of the prosecution was that the petitioner along with other accused, conspired and misappropriated funds amounting to Rs.4,67,602/- under the Kalaignar Veetu Vasathi Thittam (KVVT Scheme) during July 2011 to November 2013 in Kamavoor Panchayat by fabricating records and making false entries.

7. The petitioner would submit that the release of funds without his approval approval was done by the BDO, Kaveripakkam A-1 and the same was not attributable to him. There was no collusion or conspiracy on his part. The petitioner would submit that the trial court failed to properly appreciate the documentary evidence and wrongly convicted him without considering that he had not approved incomplete works.

8. The petitioner would submit that he was convicted along with four others by the learned Special Judge / Chief Judicial Magistrate, Ranipet, in Spl.C.C.No.21 of 2024 by judgment dated 17.04.2025, for offences under Sections 120(B), 409, 420, 467, 471 IPC read with Sections 13(l)(c), 13(2) of the Prevention of Corruption Act, 1988 and sentenced to undergo simple imprisonment for one year under each count along with a total fine of Rs.6000/- with sentences to run concurrently.

9. The petitioner would submit that based on the above conviction, the respondent has proposed to impose the penalty of dismissal from service under Rule 8 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules and called upon him to submit his explanation under Rule 17(c)(i)(l) vide the impugned order dated 19.02.2026.

10. Challenging the same, the petitioner is before this Court.

11. Heard the learned counsel and perused the records.

12. A perusal of the impugned proceeding clearly shows that it is nothing but a notice calling upon the petitioner to show cause as to why the penalty of dismissal from service cannot be imposed against the petitioner. The petitioner without giving an explanation has rushed to this Court by invoking the extraordinary jurisdiction of this Court. The allegations under the Prevention of Corruption Act has been made out against the petitioner and the proceeding itself is at preliminary stage. The petitioner is attempting to forestall the proceeding being initiated against him for allegation of corrupt practice.

13. Therefore, this writ petition is dismissed. Consequently, the connected miscellaneous petition is closed. No costs. 04-06-2026 KAN

To The Commissioner Rural development and Panchayat Raj, Directorate of Rural Development and Panchayat Raj, Saidapet, Chennai - 600015.

P.T.ASHA, J.

KAN 04-06-2026