Petitioner challenged prolonged suspension under Prevention of Corruption Act. Court observed departmental enquiry must wait for criminal case outcome and disposed petition without directing suspension revocation.
Petition dismissed; respondents directed to expedite criminal prosecution; connected miscellaneous petition closed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP.No.8098 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
WP.No.8098 of 2022 and W.M.P.No.8079 of 2022
M.Velusamy
.. Petitioner
Versus
1.The State of Tamil Nadu Rep by its Addl Chief Secretary Home (Transport-II) Department Fort St.George, Chennai – 600 009
2.The Commissioner Transport Department Chepauk, Chennai – 600 005
3.The Deputy Superintendent of Police Vigilance and Anti Corruption Erode (R3 Suo Motu impleaded vide Order dated 24.07.2023 made in W.P.No.8098 of 2022 by NSKJ) .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records relating to the 1st respondent proceeding made in G.O.(2D)No.221 Home (TransportII) Department on 29.6.2018 consequently they issued G.O.(2D)No.222 Home (Transport-II) Department on 29.06.2018 retained in service and not permitted to retire from his service and quash the same and direct the respondents to https://www.mhc.tn.gov.in/judis allow the petitioner to retire from service without prejudice to pending
1/4
WP.No.8098 of 2022
criminal case and grant all terminal benefits to the petitioners.
For Petitioner : Mr.M.Muthappan for S.Saranraj
For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader
ORDER
This writ petition has been filed challenging the suspension order passed
on 29.06.2018, quash the same and direct the respondents to allow the petitioner to retire from service without prejudice to pending criminal case and grant all terminal benefits to the petitioner.
against the petitioner by Erode Vigilance and Anti-Corruption in https://www.mhc.tn.gov.in/judis Cr.No.3/2018/AC under Section 13(2) read with 13(1)(e) of the Prevention of
2/4
WP.No.8098 of 2022
Corruption Act, 1988. The status report filed by the respondent clearly indicates that the petitioner has acquired 36% more than his known source of his income to the tune of Rs.50,28,559/- and the investigation is almost over, now only final report has to be filed.
29.08.2023
dhk Index:Yes/No Internet: Yes/No Neutral Citation:Yes/No
N.SATHISH KUMAR, J.
3/4
WP.No.8098 of 2022
dhk
To
1.The Additional Chief Secretary The State of Tamil Nadu Home (Transport-II) Department Fort St.George, Chennai – 600 009
2.The Commissioner Transport Department Chepauk, Chennai – 600 005
3.The Deputy Superintendent of Police Vigilance and Anti Corruption Erode
W.P.No.8098 of 2022
29.08.2023 (1/2)
4/4
2 issues framed by the court
Whether the court can direct the revocation of suspension pending the outcome of disproportionate assets investigation.
Whether departmental proceedings can proceed independently of the criminal prosecution in this case.
2 provisions across 2 enactments
M.Velusamy
The State of Tamil Nadu
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
