M NOORUDEEN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) HEARD the learned Senior Counsel for the petitioner and the learned Additional Advocate General for the respondents.

(2.) THE writ petition is directed against the order in G. O. 3 (D) No. 138, Home (SC) Department, dated 30. 12. 2004 passed by the Government. The said impugned order is one passed by the Government in exercise of its powers under Section 19 (1) (b) of the Prevention of Corruption Act 1988, according sanction for the prosecution of the writ petitioner M. Noorudeen, formerly Deputy Director, Fire and Rescue Services, Southern Region, Madurai, for the offences punishable under Sections 7 and 13 (2) r/w. Sections 13 (1) (d) and 13 (1) (a) of the Prevention of Corruption Act and for taking cognizance of the said offences by the Court of competent jurisdiction.

(3.) IN respect of an order of deemed suspension made against the petitioner earlier dated 21. 10. 2003, O. A. No. 684 of 2004 was filed by the petitioner before the Tamil Nadu Administrative Tribunal in which the Tribunal by order dated 31. 3. 2004 has set aside the order of deemed suspension. As against the said order of the Tribunal, the Government filed W. P. Nos. 19083 of 2004 and 29080 of 2005 and the Division Bench of this Court, by order dated 28. 2. 2007, has disposed of the writ petitions directing the Government, which was the petitioner in W. P. No. 19083 of 2004, to conclude the criminal proceedings by passing final orders one way or the other, expeditiously, preferably within four months from the date of receipt of a copy of the order. It was also made clear in the said order that in the event of the Government not complying with the said condition, the Tribunal's order setting aside the order of suspension will automatically revive and with the result, the petitioner was to be reinstated.