Madras High CourtWP(MD)/24273/2019dismissed

Paramasivam v. The Principal Secretary To Government

2025-11-05Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WP(MD)No.24273 of 2019 and W.M.P(MD)Nos.20880 to 20883 of 2019 Paramasivam ... Petitioner Vs.

The Principal Secretary to the Government, Revenue and Disaster Management Department, Services Wings, Ser.2(1) Section, Secretariat, Chennai.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, directing the respondent to take appropriate action calling for the records pertaining to the order passed by the respondent in G.O.(2D) No.385, Revenue and Disaster Management Department, Services Wing, Ser.2(1) Section dated 31.12.2018, quash the same as arbitrary and illegal and direct the respondent to permit the petitioner to retire from service and disburse all the retirement benefits of the petitioner with effect from 31.12.2018 within a stipulated time as this Court may fix.

For Petitioner : Mr.R.Paranjothi For Respondent : Mr.M.Sarangan Additional Government Pleader ***** 1/4

ORDER

The instant writ petition is filed challenging the order dated 31.12.2018 in G.O.Ms.No.(2D), 385, Revenue and Disaster Management Department.

2.The learned counsel for the petitioner would submit that he has served in the revenue department for the past 35 years without any charge memo and with an unblemished record of service. However, during 2018, a motivated FIR was filed in Crime No.16 of 2017 on the file of the Vigilance and Anti Corruption Wing, Thanjavur. In pursuance of the same, the impugned order of suspension was passed. The learned counsel further submits that though the impugned order was passed in the year 2018, until now no reconsideration was done by the respondent, which is in contravention to the ratio of the Hon'ble Supreme Court. Hence, he prays to interfere with the same.

3.The said contention was totally objected by the learned Additional Government Pleader and he would submit that the petitioner is still facing criminal prosecution for the offence under Section 2(c) of the Prevention of Corruption Act, 1988 in Crime No.16 of 2017. Only because of that, the 2/4

order of suspension from service was not reconsidered and also the petitioner is not allowed to retire.

4.While considering the above submission, this Court is of the view that the respondent has acted strictly in accordance with the fundamental Rules and there is no public interest involved in this matter to interfere with the order of suspension.

5.Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 05.11.2025 Index : Yes/No ta To The Principal Secretary to the Government, Revenue and Disaster Management Department, Services Wings, Ser.2(1) Section, Secretariat, Chennai.

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C.KUMARAPPAN, J.

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