Madras High CourtWP(MD)/16638/2021dismissed

Sahul Hammed.A v. The Additional Chief Secretary

2022-03-08Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.16638 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.16638 of 2021 and W.M.P(MD)Nos.13506 and 13507 of 2021 A.Shahul Hammed ... Petitioner Vs.

1.The Additional Chief Secretary, Municipal Administration & Water Supply Department, Secretariat, Chennai-9.

2.The Managing Director, Tamil Nadu Water Supply and Drainage Board, 31, Kamarajar Salai, Chepauk, Chennai-5.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to impugned suspension order passed by the 2nd respondent in Proceedings Proc.No.1056/Estt.(DP)/A2/2021 dated 02.09.2021 and quash the same and consequently direct the respondents to reinstate the petitioner in the post of Assistant Engineer in the TWAD Board, project-cum-Maintenance Division, Tenkasi with all attendant benefit within the time stipulated by this Court.

For Petitioner : Mr.N.Mohideen Basha For R1 : Mr.D.S.Nedunchezian Government Advocate For R2 : Mr.R.Sathish

ORDER

The order of suspension dated 02.09.2021 reveals that a criminal case was registered against the petitioner under the Prevention of Corruption Act. The allegation against the petitioner is that he has demanded and accepted the bribe amount of Rs.30,000/- on 28.03.2020. The said criminal case is pending and the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.16638 of 2021 investigations are in progress. Furthermore, the writ petitioner was holding the post of Assistant Engineer in TWAD Board, which is a responsible position.

2.As the allegations are demanding and acceptance of bribe and a criminal case was registered under the Prevention of Corruption Act, this Court is not inclined to consider the writ petitioner's request at this point of time. Hence, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) Ns To The Additional Chief Secretary, Municipal Administration & Water Supply Department, Secretariat, Chennai-9.

+1 CC to M/s.SPL.GP ( SR-10972[F] dated 09/03/2022 ) W.P.(MD)No.16638 of 2021 and W.M.P(MD)Nos.13506 and 13507 of 2021 08.03.2022 RK(16/03/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2