Disposed¶30

M.Dhanapal v. the Regional Director of Municipal

Madras HC18 Feb 2025WP/5265/2025

Case brief

AI extract

What is this about?

Suspension of public servant effective 04.01.2024 after 48-hour judicial custody in Vigilance & Anti-Corruption bribe case (FIR Crime No.09 of 2023, S.7 PC Act 1988); mandamus to consider unaddressed representations dated 01.03.2024 and 14.05.2024 for revocation of suspension (Na.Ka.No.3979/2023/A2); court directed fresh representation within two weeks, decision by respondents within four weeks, balancing subsistence allowance with departmental proceedings and assistance to prosecution; Madras High Court, C.V. Karthikeyan J., disposed of on 18.02.2025, no costs.

What did the court decide?

Writ Petition disposed of with the above directions (fresh representation within two weeks; respondents to act within four weeks thereafter); no costs awarded ¶30

M.Dhanapal Vs the Regional Director of Municipal — Corruption | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ Petition disposed of with the above directions (fresh representation within two weeks; respondents to act within four weeks thereafter); no costs awarded

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Issue for consideration

Whether a writ of mandamus should issue directing the 1st respondent to consider the petitioner's representations dated 01.03.2024 and 14.05.2024 and to review and revoke the suspension order dated 04.01.2024

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Court's answer

The petitioner was permitted to give a fresh representation and the respondents were directed to take a decision on that representation

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Ratio / Principle

Fresh representation to be given within two weeks from receipt of a copy of the order, and the respondents to take appropriate action on it within four weeks thereafter

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Key takeaways

The respondents were directed to balance their bounden obligation to pay subsistence allowance against the fact that continuous payment without extracting work would amount to ineffective administrationratio¶25
The respondents were directed to proceed with the departmental proceedings, assist the prosecution in the criminal case, and ensure that work is extracted from the public servant so that he gains no benefit without discharging dutyratio¶25

Detailed headnote1 paragraphs

Madras High Court (C.V. Karthikeyan, J.) disposed of a writ petition under Article 226 of the Constitution of India filed by M. Dhanapal seeking a mandamus directing the Regional Director of Municipal Administration (1st respondent) to consider his representations dated 01.03.2024 and 14.05.2024 and to review and revoke his suspension issued in Na.Ka.No.3979/2023/A2 dated 04.01.2024. The suspension followed the petitioner's remand to judicial custody on 07.12.2023 in a Vigilance and Anti-Corruption case (FIR Crime No.09 of 2023 under Section 7 of the Prevention of Corruption Act 1988) after detention exceeding 48 hours. Held: the petitioner to give a fresh representation within two weeks of receipt of the order, and the respondents to take appropriate action within four weeks thereafter, balancing their obligation to pay subsistence allowance against ineffective administration, proceeding with departmental proceedings and assisting the criminal prosecution while ensuring work is extracted from the public servant. Petition disposed of; no costs.

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W.P.No. 5265 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 18.02.2025

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CORAM:

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THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN

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W.P.No.5265 of 2025

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M. Dhanapal ... Petitioner

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The Regional Director of Municipal Administration, Regional Directorate of Municipal Administration, No.1, AYA Nadar Road, Near Kodimarathumoolai, Thanjavur 613 008.

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The Commissioner, Mannargudi Municipality, Mannargudi, Thiruvarur District. ...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus or direction in the nature of a writ directing the 1st respondent to consider the representation of the petitioner dated 01.03.2024 and 14.05.2024 and to review and revoke the order of suspension issued in Na.Ka.No.3979/2023/A2 dated 04.01.2024 on the file of the 1st respondent.

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https://www.mhc.tn.gov.in/judis

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1/5

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W.P.No. 5265 of 2025

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For Petitioner : Mr. S. Doraisamy For Respondents : Mr. T. Srinivasan Special Government Pleader

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ORDER

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This Writ Petition has been filed in the nature of a Mandamus

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seeking a direction to the first respondent to consider the representations given by the petitioner on 01.03.2024 and 14.05.2024. The petitioner has sought that the order of suspension which had been issued on 04.01.2024 should be revoked.

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A perusal of the affidavit reveals that the petitioner had been remanded to judicial custody on 07.12.2023 on a complaint of demand and acceptance of bribe amount. The prosecution agency is the Vigilance and Anti Corruption Unit, Thiruvrur District. In this connection an FIR in Crime No.09 of 2023 had also been registered for the offences punishable under Section 7 of the Prevention of Corruption Act 1988. It is contended that since he had been detained in custody for a period of about 48 hours and more, he had been placed under suspension

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on and from 04.01.2024. The petitioner had given representations on https://www.mhc.tn.gov.in/judis 2/5

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W.P.No. 5265 of 2025

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01.03.2024 and 14.05.2024 seeking to revoke the suspension. Since the

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same has not been considered, the present Writ Petition has been filed.

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Let the petitioner give a fresh representation and the

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respondents may take a decision on that representation. The respondents may balance the fact that they are bound to pay subsistence allowance and continuous payment of subsistence allowance without extracting the work,would also be termed as an ineffective administration. The respondents may proceed further with the departmental proceedings. They may assist the prosecution in criminal case. They must also ensure that work is extracted from a public servant and he does not gain any benefit without discharging any duty.

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A fresh representation may be given within a period of two weeks from the date of receipt of a copy of this order and thereafter within a period of four weeks, the respondents may take an appropriate action in that representation.

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https://www.mhc.tn.gov.in/judis

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3/5

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W.P.No. 5265 of 2025

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With the above directions, this Writ Petition stands disposed of.

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No costs.

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18.02.2025

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Internet : Yes / No Index: Yes / No Speaking order / Non speaking order Bga

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The Regional Director of Municipal Administration, Regional Directorate of Municipal Administration, No.1, AYA Nadar Road, Near Kodimarathumoolai, Thanjavur 613 008.

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