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Madras High CourtWP/25468/2006dismissed

M. Srinivasan v. The Inspector General Of

2018-04-24Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2018

CORAM:

THE HON'BLE MR.JUSTICE M. DHANDAPANI W.P.No. 25468 of 2006 and M. Srinivasan ... Petitioner /Vs/

1. The Inspector General of Registration, Chennai - 28.

2. The Deputy Inspector General of Registration, Coimbatore.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent herein relating to his proceedings, dated 31.01.2006 in proceedings No.27741/B1/2005-1, and the proceedings of the second respondent, dated 09.05.2005 in proceedings No.5447/A1/2005 and to quash the same and consequently to direct the respondents herein to reinstate the petitioner as Sub-Registrar, Madukkarai, Coimbatore District with effect from 06.05.2005 with all attendant benefits.

For Petitioner :

M/s.AL. Ganthimathi For Respondent-1 :

Mr.K.Ravikumar Additional Government Pleader For Respondent-2 :

Mr.A. Edwin Prabhakar * * * *

O R D E R

The petitioner has filed this writ petition challenging the order of suspension passed by the first respondent vide his proceedings in No.27741/B1/2005-1 dated 31.01.2006 and the proceedings of the second respondent in No.5447/A1/2005 dated 09.05.2005 and to quash the same and to consequently direct the respondents to reinstate the petitioner as Sub-Registrar, Madukkarai, Coimbatore District with effect from 06.05.2005 with all attendant benefits.

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

2.

The case of the petitioner is that the petitioner joined the service in Registration Department in the year 1997. As there was a probe by the Vigilance and Anti Corruption Department, Coimbatore, on 06.06.2005 alleging that on 13.04.2005, the petitioner demanded a sum of Rs.10,000/- for registering the Sale Deed from the Complainant and accordingly, the petitioner received a sum of Rs.4,000/- and arranged for registration, a complaint was registered in Crime Number 10 of 2005. The petitioner was arrested on 06.05.2005 and remanded to judicial custody. Immediately, thereafter by invoking the relevant Rules 17(e)(2) of the Tamil Nadu Civil Services (Discipline and Appeals) Rules, the petitioner was placed under suspension on 09.05.2005. Challenging the said order, the present writ petition has been filed. However, the petitioner was released on bail on 12.05.2005.

3.

Since the petitioner was in judicial custody for more than 48 hours in corruption case, he was placed under suspension by invoking proper Rules by the first respondent on 06.05.2005. Hence, after a lapse of twelve years, I do not find anything survives for further adjudication in this writ petition. 4.

Accordingly, the writ petition is closed. However, this order will not stand in the way of the petitioner to persuade further remedy in accordance with law. No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar msm To:

1. The Inspector General of Registration, Chennai - 28.

2. The Deputy Inspector General of Registration, Coimbatore.

+1cc to the Government Pleader, S.R.No.30734 +1cc to Mr.AL.GANTHIMATHI, Advocate, S.R.No. 30551 W.P.No. 25468 of 2006 BS(CO) TR(19/06/2018) https://hcservices.ecourts.gov.in/hcservices/