P.Sadasivam v. The Principle Secretary / Transport Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2025 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA P.Sadasivam .. Petitioner vs 1.The Principle Secretary / Transport Commissioner, Guindy, Chennai - 600 032.

2.The Inspector of Police, Vigilance and Anti Corruption, Salem, Salem District.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to proceeding Proc.R.No.35282/VB2/2024 dated 10.10.2024 issued by the first respondent and quash the same and consequently direct the 1st respondent to reinstate the petitioner into service in a non sensitive post by considering his representation dated 07.02.2025.

For Petitioner :

Mr.M.Elango For Respondents :

Mr.S.Yashwanth Additional Government Pleader for R1

ORDER

This writ petition has been filed seeking to issue a writ of certiorarified mandamus calling for the records relating to proceeding in Proc.R.No.35282/VB2/2024 dated 10.10.2024 issued 1/5

by the first respondent and quash the same and consequently direct the 1st respondent to reinstate the petitioner into service in a non sensitive post by considering his representation dated 07.02.2025. 2.

The case of the petitioner is that he was appointed as Motor Vehicle Inspector Grade - II in the year 2009 and thereafter promoted as Motor Vehicle Inspector Grade - I and posted at the Regional Transport Office, Salem (West).

3.

While so, on the allegation of corruption, the anticorruption wing registered a case in Crime No.9/AC/2024 under Section 9 of the Prevention of Corruption Act, 1998 against the petitioner and he was arrested and remanded in custody in Central Jail, Salem on 08.10.2024 for a period exceeding 48 hours. 4.

The petitioner filed Crl.O.P.No. 26952 of 2024 and vide order dated 28.10.2024 interim bail was granted. Thereafter, he approached the first respondent in person and submitted a representation dated 10.10.2024 to revoke his suspension order which has been kept pending for a longer period of time. 2/5

5.

Learned counsel for the petitioner contended that as per the decision of the Supreme Court in the case of Ajay Kumar Choudhary v Union of India reported in 2015 (3) CTC 119, the suspension order cannot be prolonged for a longer period of time. In any event, he submits that the first respondent may be directed to consider the representation of the petitioner in line with G.O.(Ms).No. 81, Human Resources Management (N) Department dated 04.08.2022 at the earliest.

6.

Mr.S.Yashwanth, learned Additional Government Pleader, who accepts notice for the first respondent, would submit that the DVAC has completed the investigation and they are ready to file the charge sheet. However, he submits that till date no disciplinary proceedings has been initiated against the petitioner. 7.

Having heard learned counsel on both sides, without expressing any opinion on the merits of the matter, this Court directs the first respondent to pass appropriate orders on the representation of the petitioner in line with G.O.(Ms).No. 81 dated 04.08.2022, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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8.

This writ petition stands disposed of accordingly. No costs.

09.09.2025 Index:Yes/No ssm To 1.The Principle Secretary / Transport Commissioner, Guindy, Chennai - 600 032.

2.The Inspector of Police, Vigilance and Anti Corruption, Salem, Salem District.

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A.D.JAGADISH CHANDIRA, J.

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