RAMAMOORTHY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the 1st respondent dtd. 28/2/2024 thereby rejected the request made by the petitioner to visit abroad.

(2.) The petitioner while he was working as Assistant Executive Engineer and he was deputed to the 2nd respondent's department for valuation of properties which are registered with the 2nd respondent department to avoid revenue loss to the exchequer. While being so, in the month of November 2022, one, Mr.Gopalakrishnan belongs to Tirupur District had purchased a property admeasuring 3020 Sq.ft., along with land and building and had presented the document for registration with the Joint No.2 Sub-Registrar, Tirupur and the same was registered as Doc.No.5945/2022 on 25/11/2022. It was not released as the value of the property was more than Rs.50.00 lakhs and the same had to be valued by the Assistant Executive Engineer in Madurai. The same was sent by the concerned Sub-Registrar office to Madurai. While being so, a complaint was lodged by the said Mr.Gopalakrishnan alleging that the petitioner and his assistant demanded bribe amount of Rs.75,000.00 for issuance of valuation certificate. Based on the said complaint, the Vigilance and Anti-Corruption, department organized a Trap proceedings and registered FIR in Cr.No.1 of 2023 for the offences punishable under Sec. 7 r/w.12 of the Prevention of Corruption Act 1988 as amended by Prevention of Corruption Act 2018.

(3.) In pursuant to the registration of FIR, the petitioner was arrested and remanded to judicial custody on 10/3/2023. Therefore, the petitioner deemed to be suspended from service by an order dtd. 21/3/2023 vide G.O.(D).No.24, Public works (Estt-I-2) Department on the file of the first respondent. Subsequently, the petitioner was released on bail in Crl.M.P.No.3731/2023 dtd. 10/4/2023. While granting bail to the petitioner, certain conditions were imposed to the petitioner. The said conditions were also duly complied with by the petitioner. Now the investigation is still pending and no charge sheet has been filed so far. In the mean while, the petitioner also submitted representation to revoke his order of suspension on the ground of prolonged suspension. However, it was not considered and as such the petitioner was constrained to file writ petition in W.P.No.24454 of 2023 and this Court passed an order dtd. 18/8/2023 directing the respondents to consider the representation submitted by the petitioner in the light of the G.O.(Ms).No.81, Human Resources Management (N) Department dtd. 4/8/2022. However, so far no order has been passed by the first respondent as directed by this Court. In the mean while, the petitioner was invited to take part in the petitioner's granddaughter's first birthday to be held at Canada. The petitioner is willing to attend the same and spend time with her grandchild. But due to order of suspension, the petitioner is not able to move outside the headquarters. Hence, the petitioner submitted representation on 8/2/2024 to the first respondent seeking permission to visit Canada from 10/3/2024 to 21/3/2024. However, it was returned by the order dtd. 28/2/2024 of the 1st respondent on the ground that No Objection Certificate cannot be issued since the criminal case in Cr.No.1of 2023 is pending against the petitioner.