Writ petition challenging dismissal order for corruption conviction alleviating lack of opportunity to examine departmental witnesses. Court set aside order, directed fresh inquiry.
Impugned order set aside; first respondent directed to issue fresh charge memo and conduct de novo enquiry within three months.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2018
CORAM :
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.(MD)No.19716 of 2018
K.Elango
... Petitioner
Vs.
1.The Revenue Divisional Officer, Karur Revenue Office, Karur District.
2.The Tahsildar, Aravakurichi Taluk, Karur District. ... Respondents
Prayer: Writ Petition – filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records to the order passed by the first respondent in R.C.No.A3/3292/2009 dated 21.08.2018 and quash the same.
For Petitioner : Mr.C.Vakeeswaran For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader
ORDER
The petitioner herein was dismissed from service, since he was found guilty and convicted for the offences punishable under Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988, by the trial Court in C.C.No.130 of 2011 on the file of the Special Court for Prevention of Corruption Act cases, Trichy.
2
Sd/Assistant Registrar(CS-III)
/True Copy/
Sub Assistant Registrar(CS-I)
To
1.The Revenue Divisional Officer, Karur Revenue Office, Karur District.
2.The Tahsildar, Aravakurichi Taluk, Karur District.
• 1 CC TO Mr.C.Vakeeswaran , ADVOCATE IN SR No. 95563. +1 cc to Special Government Pleader, SR.No.95644.
SM
DS SKN SAR1 30 11 2018 2P 5C
Order made in W.P.(MD)No.19716 of 2018 15.11.2018
2 issues framed by the court
Whether the dismissal order from service passed without an opportunity to examine departmental witnesses is arbitrary and illegal.
Whether a departmental enquiry is required to be conducted de novo before confirming dismissal following criminal conviction for corruption.
2 provisions across 2 enactments
K.Elango
The Revenue Divisional Officer, Karur Revenue Office, Karur District
The Tahsildar, Aravakurichi Taluk, Karur District
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
