w w w . L a w y e r S e r v i c e s . i n



T.AL. Tenappan v/s The Government of Tamil Nadu Rep by its Principal Secretary to Government Energy Department, Chennai


Company & Directors' Information:- H-ENERGY PRIVATE LIMITED [Active] CIN = U40300MH2007PTC175626

Company & Directors' Information:- A A ENERGY LIMITED [Active] CIN = U40100MH2005PLC157604

Company & Directors' Information:- K M ENERGY PRIVATE LIMITED [Active] CIN = U40300UP2014PTC067293

Company & Directors' Information:- R. R. ENERGY LIMITED [Active] CIN = U40109CT2004PLC016580

Company & Directors' Information:- ENERGY INDIA CORPORATION LIMITED [Strike Off] CIN = U40101MH2008PLC181157

Company & Directors' Information:- B & S ENERGY PRIVATE LIMITED [Active] CIN = U40108KA2008PTC048416

Company & Directors' Information:- M. E ENERGY PRIVATE LIMITED [Active] CIN = U51503PN1998PTC114226

Company & Directors' Information:- K ENERGY COMPANY LIMITED [Active] CIN = U40100CT2007PLC020433

Company & Directors' Information:- U R ENERGY (INDIA) PRIVATE LIMITED [Active] CIN = U40108GJ2011PTC067834

Company & Directors' Information:- B & G ENERGY PRIVATE LIMITED [Active] CIN = U40107TN2006PTC061362

Company & Directors' Information:- J C I ENERGY PRIVATE LIMITED [Converted to LLP] CIN = U40102KA2011PTC058550

Company & Directors' Information:- ENERGY INDIA LIMITED [Strike Off] CIN = U74899DL1998PLC096211

Company & Directors' Information:- INDIA ENERGY PRIVATE LIMITED. [Strike Off] CIN = U74899DL2000PTC103993

Company & Directors' Information:- V ENERGY PRIVATE LIMITED [Active] CIN = U40102TG2011PTC073693

Company & Directors' Information:- S M M ENERGY PRIVATE LIMITED [Active] CIN = U40109TG2014PTC092679

Company & Directors' Information:- C & C ENERGY PRIVATE LIMITED [Active] CIN = U29299DL2010PTC204724

Company & Directors' Information:- U S G ENERGY PRIVATE LIMITED [Active] CIN = U29307TZ2005PTC012414

Company & Directors' Information:- A B T ENERGY PRIVATE LIMITED [Active] CIN = U40108KA1983PTC005321

Company & Directors' Information:- A & T ENERGY PRIVATE LIMITED [Strike Off] CIN = U40106GJ2012PTC070207

Company & Directors' Information:- K E ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300TN2011PTC080288

Company & Directors' Information:- V A R ENERGY INDIA PRIVATE LIMITED [Strike Off] CIN = U40300TG2014PTC095926

Company & Directors' Information:- C & N ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100KL2011PTC028837

Company & Directors' Information:- CHENNAI ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108TN2006PTC060911

Company & Directors' Information:- M K D ENERGY PRIVATE LIMITED [Active] CIN = U31908UP2015PTC070501

Company & Directors' Information:- C I T L ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108TG2010PTC066844

Company & Directors' Information:- C R B ENERGY PRIVATE LIMITED [Active] CIN = U40108TG2010PTC066845

Company & Directors' Information:- J S ENERGY PRIVATE LIMITED [Active] CIN = U45202HP2006PTC030006

Company & Directors' Information:- T V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U52100UP2014PTC066243

Company & Directors' Information:- G G ENERGY PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC058590

Company & Directors' Information:- V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC156544

Company & Directors' Information:- D R R ENERGY PRIVATE LIMITED [Active] CIN = U40102TN2009PTC073741

Company & Directors' Information:- Q - ENERGY PRIVATE LIMITED [Strike Off] CIN = U74920WB2012FTC182047

Company & Directors' Information:- H R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40101RJ2003PTC018712

Company & Directors' Information:- J R J R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC153641

Company & Directors' Information:- R M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108MH2003PTC142881

Company & Directors' Information:- S V E ENERGY PRIVATE LIMITED [Active] CIN = U40100TN2009PTC073738

Company & Directors' Information:- L V S ENERGY PRIVATE LIMITED [Under Process of Striking Off] CIN = U40101TG2010PTC068290

Company & Directors' Information:- A. S. R. ENERGY PRIVATE LIMITED [Strike Off] CIN = U40105TG2008PTC056907

Company & Directors' Information:- S S E ENERGY (INDIA) PRIVATE LIMITED [Strike Off] CIN = U40108TG2014PTC093709

Company & Directors' Information:- K & H ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109AP2012PTC079162

Company & Directors' Information:- P & S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109TG2011PTC072632

Company & Directors' Information:- P A ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100HP2006PTC030328

Company & Directors' Information:- S & G ENERGY PRIVATE LIMITED [Strike Off] CIN = U31101CH2010PTC032133

Company & Directors' Information:- P M S ENERGY INDIA PRIVATE LIMITED [Active] CIN = U74999DL2012PTC236645

Company & Directors' Information:- D M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107DL2010PTC199110

Company & Directors' Information:- S K S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108DL2003PTC119741

Company & Directors' Information:- C P ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109DL2010PTC204395

Company & Directors' Information:- 3 A S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300DL2013PTC250263

Company & Directors' Information:- I S R ENERGY PRIVATE LIMITED [Under Process of Striking off] CIN = U40103AP2012PTC084585

Company & Directors' Information:- T AND F ENERGY PRIVATE LIMITED [Active] CIN = U40100MP2011PTC026065

Company & Directors' Information:- V V ENERGY PRIVATE LIMITED [Active] CIN = U40101KA2008PTC046429

Company & Directors' Information:- E P C ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107KA2010PTC053645

Company & Directors' Information:- R J ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC056990

Company & Directors' Information:- I ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC058473

    W.P.No. 16824 of 2018 & W.M.P.Nos. 20013 of 2018

    Decided On, 18 March 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Petitioner: N.G.R. Prasad, M/s. Row & Reddy, Advocates. For the Respondent: D. Suriyanarayanan, Additional Government Pleader.



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, after calling for the records relating to the G.O.(Ms).No.62 dated 21.11.2017 passed by the respondent Department and to quash the same as being illegal, malafide, Government Letter dated 23.07.2015 and Art.21 of the Constitution of India and the judgment of the Supreme Court in (2015) 7 SCC 291 & (1993) 3 SCC 679 and for a consequential Mandamus to the respondent Department to reinstate the petitioner in the post of Electrical Inspector.)

1. The order of deemed suspension issued by the respondent in G.O.Ms.No.62, Energy(D2) Department dated 21.11.2017 is under challenge in the present writ petition.

2. The learned counsel appearing on behalf of the writ petitioner states that the writ petitioner was working as Junior Electrical Inspector and subsequently, promoted to the Post of Electrical Inspector. On account of allegation of demand and acceptance of bribe, a criminal case was registered against the writ petitioner under Section 7 and 13(2), r/w 13(1) (d) of the Prevention of Corruption Act, 1988. The petitioner was trapped and arrested and he was produced before the Chief Judicial Magistrate, Thiruvallur in proceedings dated 09.10.2017 and subsequently, remanded to judicial custody.

3. The writ petitioner was detained in the custody on 09.10.2017 and continued to be under custody for a period exceeding forty eight hours. Thus, the competent authority by invoking Clause(2) of Sub-rule 17 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, placed the writ petitioner under deemed suspension.

4. The learned counsel appearing on behalf of the writ petitioner states that the criminal case registered is pending and the charge sheet is yet to be laid by the competent authorities. The Department of Vigilance and Anti-Corruption is in the process of investigating the allegations and meanwhile, a letter was also communicated to the Department in respect of the investigations already done.

5. The learned counsel for the writ petitioner states that a final report has been communicated to the Department for further consideration. Under these circumstances, the learned counsel for the writ petitioner is of an opinion that the order of suspension is to be reviewed even as per the Government policy and the said process of review has not been undertaken so far in the case of the writ petitioner is concerned.

6. This Court is of an opinion that the allegations against the writ petitioner are certainly serious. In respect of an allegation of corruption, there cannot be any leniency or misplaced sympathy. However, keeping an employee under suspension for an unspecified period is also not desirable. A complaint is made that the Subsistence Allowance is yet to be paid to the writ petitioner. It is needless to state that the eligible Subsistence allowances are to be paid to the writ petitioner without causing any undue delay, so also, the order of suspension is to be reviewed periodically based on the developments took place in the investigation as well as in the Criminal Trial. However, the Criminal Trial takes long time, then the authorities is empowered to consider the circumstances and pass appropriate orders, reviewing the earlier orders.

7. At the outset, the competent authority is bound to review the orders of suspension periodically, based on the developments took place in the investigation or in the Trial or in the departmental disciplinary proceedings.

8. There is no bar for the Department to proceed with the departmental disciplinary proceedings. Even during the pendency of a criminal case, the Courts have held that if the materials, documents and witnesses are available, then they are at liberty to proceed with the departmental disciplinary proceedings even during the pendency of the criminal case. However, if the competent authority is of an opinion that they are unable to proceed with the departmental disciplinary proceedings for want of materials, then they will have to keep the departmental disciplinary proceedings in abeyance till the final disposal of the criminal case. However, all such decisions are to be taken based on the facts and circumstances of each case.

9. As far as the present writ petition is concerned, the writ petitioner is placed under suspension in G.O.Ms.No.62, Energy(D2) Department dated 21.11.2017 and the allegation against the writ petitioner is demand and acceptance of bribe and he was arrested and a criminal case is registered and pending under the pro

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visions of the Prevention of Corruption Act. 10. This being the factum, the respondent is directed to review the order of suspension based on the developments and the facts and circumstances and pass appropriate orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. 11. With this direction, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
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