M SREERANGAN Vs. TAHSILDAR SALEM DISTRICT

JUDGEMENT

(1.) THOUGH the miscellaneous petition is listed today, by consent of both parties, the writ petition itself is taken up for final disposal.

(2.) THE petitioner is a Village Assistant now under suspension. While he was working as Village Assistant, during the year 2007, a case in Crime No. 01/ac/2007 dated 10. 01. 2007, under Section 7 of Prevention of Corruption Act 1988, came to be registered against the petitioner and one Mr. A. Subramani who was the then Village Administrative Officer, Seelanaickenpatti, Salem District under whom the petitioner was working. The petitioner was one of the accused in the said case. In the trap made, the petitioner was arrested while he allegedly accepted the bribe amount of Rs. 1,800/-, it is contended. Later on, the petitioner was released on bail. Based on the involvement of the petitioner in the above said criminal case, he was placed under suspension by the respondent by his proceedings in Roc. No. 752/2007/a1 dated 10. 01. 2007. The said order of suspension is under challenge in this writ petition.

(3.) THE main accused Mr. Subramani, the Village Administrative Officer was also arrested and detained in the police custody and he was released on bail. Earlier, Mr. Subramani filed W. P. No. 20142 of 2007, seeking to quash the order of suspension passed against him. But this Court, directed the Revenue Divisional Officer to review the said order of suspension having regard to the facts and circumstances of the case including G. O. Ms. No. 40, Personnel and Administrative Reforms Department dated 30. 01. 1996. But the Revenue Divisional Officer declined to review the said order of suspension. Subsequently, after charge sheet was laid in the criminal case, Mr. Subramani gave representation to the Revenue Divisional Officer, Salem to re-consider the order of suspension. But, the same was not considered. Thereafter, Mr. Subramani filed W. P. No. 5226 of 2008, before this Court seeking to quash the above orders. But this Court by order dated 28. 02. 2008, issued the following directions:-