S.SAKTHIVEL Vs. MANAGING DIRECTOR TAMIL NADU ADI DRAVIDAR HOUSING AND DEVELOPMENT CORPORATION LTD (TAHDCO)

JUDGEMENT

(1.) The prayer sought for herein in this Writ Petition is for issuance of a Writ of Certiorarified Mandamus, to call for the records made in Letter No.A3/6415/2018 dated 29.08.2019 on the file of the respondent and quash the same and consequently direct the respondent to reinstate the petitioner into service as District Manager.

(2.) The case of the petitioner is that S.Sakthivel, District Manager, TAHDCO, Namakkal was trapped and arrested for acceptance of bribe on 17.10.2018 by Vigilance and Anti-corruption, Namakkal and kept under custody above 48 hours and included as Co-accused in the Criminal Case. Accordingly, he has been placed under suspension w.e.f. 17.10.2018. Based on the suspension, he has filed the Writ Petition in in W.P.No.3008 of 2019 before this Court, with a prayer to quash the same and to reinstate him into service. This Court in W.P.No.3008 of 2019 vide order dated 01.02.2019, directed the respondent therein to consider the representation of the petitioner on merits and in accordance with law, and to pass appropriate orders after affording an opportunity of personnel hearing to the petitioner within a period of six weeks from the date or receipt of a copy of that order. Accordingly, personal hearing was given to the petitioner on 30.05.2019 and also got the opinion from the DVAC, Chennai. Thereafter, the impugned order was passed rejecting the request for revocation of suspension against which the present writ petition is filed.

(3.) The learned counsel for the petitioner would submit that instead of revocation of suspension, the impugned order was passed, which is impermissible one and the Prolonged suspension is not permissible. In support of his contentions, the learned counsel appearing for the petitioner relied upon a decision of the Supreme Court of India in the case of Ajay Kumar Choudary Vs Union of India through its, Secretary and ANR.