SASEEDHARAN Vs. STATE

JUDGEMENT

(1.) The petitioner has filed the above O.P. to quash the proceedings in C.C. No. 4/94 on the file of the Chief Judicial Magistrate, Coimbatore.

(2.) The petitioner was appointed as Assistant Electrical Engineer in the Coimbatore Corporation. He was placed under suspension on the basis of the enquiry conducted. A charge memo was issued on 28-9-1992. On the basis of the explanation the enquiry officer submitted his findings to the government on 13-11-1992. Since the government had not passed the order on the basis of the findings of the enquiry officer he filed writ petition in W.P. No. 12848 of 1993. Kanakaraj, J. in the order dated 29-9-1993 directed the government to pass orders on the basis of the enquiry report dated 13-11-1992 within 8 weeks from the date of receipt of copy of that order. In the said order the learned Judge has further directed that if the order was not passed within the/period stipulated the petitioner would automatically be reinstated in service with effect from the expiry of the date fixed.

(3.) Simultaneously, a complaint dated 7-6-1990 was given against the petitioner for the alleged offence committed under Section 7 of the Prevention of Corruption Act. 1988. The complaint was registered in Crime No. 24/90 on the file of the Deputy Superintendent of Police, Vigilence and Anti-Corruption. Coimbatore.