K.Palaniappan Vs The Superintending Engineer

PRAYER:- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the Impugned order in Office Memo No. 498/SE/SEDC/Ado.Adm.III/A.1/F.DP.DOC/2025 dated 09.08.2025 passed by the first respondent and quash the same and further directing the respondents to revoke the suspension order issued against the petitioner along with consequential benefits, forthwith.

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For Petitioner : Mr.M.R.Pandurangan

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For Respondents : Mr.B.Ramanathan

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WP(MD). No.19650 of 2026

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ORDER

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The petitioner herein, while working as a Junior Engineer-Grade I in the respondent Corporation, was involved in a criminal case registered in Crime No. 6 of 2025, on the file of the Vigilance and Anti-Corruption (DVAC) Police Station, at Sivagangai, for the offence under Section 7(a) of the Prevention of Corruption Act. In the light of the same, the petitioner was arrested and remanded to judicial custody. Consequence thereof, the petitioner was placed under suspension vide the impugned order in Office Memo.498/SE/SEDC/Ado.Adm.III/A.1/F.DP.DOC/2025 dated 09.08.2025 and the said suspension is continuing as on date.

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2. According to the learned counsel for the petitioner, the petitioner has been drawing 100% salary without discharging his duties and thereby causing loss to the State exchequer. He further submits that in terms of G.O.(Ms.)No.81, Human Resources Management(N) Department dated 04.08.2022, the respondents are under obligation to complete the entire disciplinary proceedings, if any they want to initiate within a period of six months. But in the instant case, according to him,

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no such disciplinary proceedings have been initiated as on date except placing the petitioner under suspension.

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3. On the other hand, Mr.B.Ramanathan, learned Standing Counsel appearing for the respondents submits that the respondents are waiting for a report from the Vigilance and Anti Corruption Department for initiating disciplinary proceedings and it would be initiated at the earliest and would be concluded within the time frame. Insofar as the continued suspension of the petitioner is concerned, the learned Standing Counsel submits that the same would be reviewed by the first respondent within a short time.

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4. Though the learned counsel for the petitioner placed reliance on the decision of the Hon'ble Division Bench of this Court in WA(MD)No. 20 of 2025 dated 01.08.2025, this Court is of the considered view that in the said case, the suspension was continued for about six years and therefore, the Hon'ble Division Bench thought it fit to set aside the suspension order and directed reinstatement of the delinquent employee therein. In the instant case, the suspension order is passed less than a

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year ago. Hence, this Court is inclined only to issue a direction to the first respondent to review the suspension order and to issue direction for expeditious initiation and conclusion of disciplinary proceedings, if necessary.

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5. In the light of the above, without going into the merits of the matter, this writ petition is disposed of, directing the first respondent to review the order of suspension dated 09.08.2025 duly taking into consideration the guidelines laid down by the Government in G.O.(Ms.) No.81, Human Resources Management(N) Department dated 04.08.2022 with special reference to paragraph 11 of the said Government Order and pass appropriate orders as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this order. If the respondents intend to initiate any disciplinary proceedings against the petitioner, the same shall be initiated and concluded as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this order. No costs.

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13.07.2026 NCC : Yes/No Index : Yes/No

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WP(MD). No.19650 of 2026

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Internet : Yes/No CM

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TO 1. The Superintending Engineer, Sivaganga Electricity Distribution Circle, Tamil Nadu Power Distribution Corporation Limited, Sivaganga District.