K.P. KRISHNAMOORTHY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This Writ Petition has been filed to call for the records relating to the impugned order passed by the second respondent in his proceedings in Na.Ka.A.1/913/2001 dated 16.09.2009 and quash the same as illegal.

(2.) The case of the petitioner is that for the occurrence that took place on 16.02.2001, the second respondent herein had framed charges on 16.09.2009, implicating the petitioner herein in connection with certain vigilance overt acts. The criminal case initiated against the petitioner herein ended in acquittal on 28.03.2017. The present Writ Petition has been filed predominantly on the ground of delay in initiating the departmental action against the petitioner and also by taking note of the order, acquitting the petitioner from the criminal charges.

(3.) The learned senior counsel for the petitioner would submit that, initiation of departmental action after eight years, would be fatal to the entire proceedings itself and by placing reliance on a few decisions of the Honourable Apex Court as well as this Court, he would submit that the charge memo itself is liable to be quashed. The learned senior counsel also submitted that the order of acquittal by the Criminal Court against the petitioner was passed on merits and even assuming that the enquiry is proceeded with, would only be a futile exercise, in view of the acquittal order.