K.VENKATESAN Vs. AREA ENGINEER CMWSSB

JUDGEMENT

(1.) The relief sought for in the present writ petition is for a direction to direct the respondent not to conduct enquiry until the disposal of case pending before the Special Court (Prevention of Corruption Act).

(2.) The learned counsel for the writ petitioner states that the writ petitioner was employed as Depot Manager Grade-II in Chennai Metro Water Supply and Sewerage Board. The petitioner was placed under suspension from service on 07.01.2016, based on the allegation of demand and acceptance of bribe of Rs.4,500/- from the consumer. The criminal case was registered against the writ petitioner by the Department of Vigilance and Anti-Corruption Wing, Chennai City - I, Detachment Crime No.01/AC/2016/CC1 under Section 7 of the Prevention of Corruption Act, 1988. The criminal case is pending.

(3.) The only grievance of the writ petitioner is that simultaneous proceedings are impermissible and the departmental disciplinary proceedings are to be continued only after the disposal of the criminal case. Such a proposition mooted out in the present writ petition is untenable in view of the fact that the nature of the criminal case is distinct from the departmental disciplinary proceedings. Mere pendency of a criminal case is not a bar for the continuance of the departmental disciplinary proceedings.