K BALACHANDAR Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) Heard both sides. The petitioner's father was a School Teacher. Unfortunately, he passed away on 13.5.1986. Considering the family circumstances, the petitioner was appointed on compassionate ground as Junior Assistant with effect from 1.10.1986. Subsequently, by an order, dated 26.1.1992, he was brought under regular establishment and he was working in the office of the District Elementary Education officer at Coimbatore.

(2.) The petitioner was arrested in a trap case on 07.10.2009 and a FIR was registered against the petitioner. The charge against the petitioner was that he demanded Rs. 1 lakh for promising employment to one Stella Mary and had received Rs. 20,000/- as advance on 7.10.2009 at 21.25 hours. The Vigilance and Anti Corruption police laid a trap and arrested him. The money was also recovered from the bag which threw on seeing the police. The petitioner was released on bail by an order dated 13.10.2009 by the Special Judge-cum-Chief Judicial Magistrate, Coimbatore and that he was in jail for more than 5 days. On receipt of the report from the police, the fourth respondent suspended the petitioner under Rule 17(e)(2) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

(3.) It is an admitted case that the petitioner was arrested and kept in custody beyond 48 hours so as to attract Rule 17(e)(2). Therefore, the petitioner has come forward to challenge the said suspension order in this writ petition with a prayer to declare that Rule 17(e)(2) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules as ultra vires and unconstitutional. The petitioner thereafter filed M.P. No. 2 of 2009 to implead the Secretary to Government, Department of Personnel and Administrative Reforms, Government of Tamil Nadu as party 5th respondent. He also filed an additional typed set, dated 18.1.2010, stating that alternatively, suspension order, dated 8.10.2009 can be quashed for the grounds stated therein.