V THIRULOGACHANDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS petition coming on for Orders upon perusing, the petition and the memorandum of Grounds in Crl.A.No.1546 of 2003 on the file of the High Court and upon hearing the arguments of M.Sathyanarayanan, Advocate for the petitioner and of R.Muniappa Raj, Government Advocate (Crl. Side) on behalf of the respondent, the Court made the following order: The sole accused/petitioner, challenges his conviction passed by the trial Court in S.C.No.193 of 2002, dated 25.9.2003, under Section 3(i)(x) SC/ST (P&A) Act, 1989, for which he was sentenced to undergo Rigorous Imprisonment for a period of 1 year and fine of Rs.2,000/- with a default sentence of 2 months Simple Imprisonment. The petitioner preferred an appeal and the sentence was suspended by this Court in Crl.M.P.No.9774 of 2003 dated 20.10.2003.

(2.) MR.M.Venkatachalapathy, learned senior counsel, contended that the petitioner was working as a Secretary to the Government Telecommunication Employees Co-operative Society and he has been suspended after the conviction and the suspension order was challenged by filing writ petition in W.P.No.3657 of 2005 and the same was admitted by this Court and interim stay of order of suspension was granted in W.V.M.P.No.1024/2005. It is further contended by the learned senior counsel that inspite of the stay order, the petitioner was continuously kept under suspension.

(3.) AS far as this case is concerned, the learned senior counsel brought to my notice that the employer not only not complied with the order of this Court, viz., staying the suspension order, but also went one step further and initiated proceedings by giving the show cause notice dated 13.4.2006, calling upon the petitioner to show cause as to why disciplinary action shall not be taken against him. It is also specifically submitted by the petitioner that in view of the show cause notice dated 13.4.2006, there is a reasonable apprehension of dismissal from service itself.