P CHITHAMBARAM Vs. MANAGING DIRECTOR, TAFCORN, KARUR ROAD, MALLACHIPURAM, KAMBARAMPATTI, TIRUCHIRAPALLI AND REGIONAL MANAGER, TAFCORN

JUDGEMENT

(1.) Challenge in these writ petitions, is to orders of suspension, dated 09.11.2009, passed by the Managing Director, Tamil Nadu Forest Plantation Corporation Limited, under Rule 56(6) of the TAFCORN Staff Regulations.

(2.) Assailing the correctness of the order of suspension Mr. D. Sivaraman, learned counsel for the petitioner submitted that when the petitioners were working as Special Grade Office Assistant and Superintendent respectively, in the Office of the Regional Manager, TAFCORN, Karaikudi, Sivagangai District, the second respondent herein, on 26.08.2009 at 5.30 p.m., a surprise inspection was made by the Vigilance and Anticorruption Wing of Police, Sivagangai. Based on the inspection, a case in Crime No. 7 of 2009 was registered for the offences under Sections 7, 13(1), A&D r/w 13/2 of the Prevention of Corruption Act r/w Section 102 of Cr.P.C., against five persons, including the Regional Manager, TAFCORN, Karaikudi, Sivagangai District. In the criminal case, it was alleged that the petitioners were caught red-handed with a sum of Rs. 100/-and Rs. 2700/-respectively alleged to have been given, as bribe, for disbursement of two cheques to the value of Rs. 90,050/-and that the said bribe amount was received from a Forest Ranger. Learned counsel further submitted that at the time of inspection, the petitioners in W.P.(MD)Nos.11791 & 11792 of 2009 were having money for their personal use and some amount was retained for remittance in the bank.

(3.) Inviting attention of this Court to the contents of the First Information Report, dated 27.08.2009 in Crime No. 7 of 2009, learned counsel for the petitioner submitted that when the First Information Report, alleges involvement of the Regional Manager, TAFCORN, Karaikudi, Sivagangai District and four others for the offences stated supra, only the petitioners, who were working as Special Grade Office Assistant and Superintendent respectively, were selectively suspended and whereas, A1, A3 and A4 were allowed to continue to work, which exhibits a biased approach, on the part of the Managing Director, TAFCORN, Karur Road, Mallachipuram, Tiruchirapalli, the first respondent herein, and that the said selective suspension is arbitrary and violative of Article 14 of the Constitution of India. According to him, there is no fairness in the administrative action and in support of the above said contention, he has placed reliance on the decisions made in K. Surendra Resh Vs. State of Andhra Pradesh, 1997 6 SCC 257 ), in Mansingh Vs. State of Hariyana and Others, 2008 12 SCC 331) in P. Chithambaram Vs. Managing Director, TAFCORN, Karur Road, Mallachipuram, Kambarampatti, Tiruchirapalli and Another,2009 8 MadLJ 1144).