IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 22.09.2010 C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.No.22325 of 2009 M.P.No.1 of 2009 S.Dhanasekaran ... Petitioner Vs. 1. The Joint Director of Co-operative Audit, Chennai 600 005. 2. The Assistant Director of Co-operative Audit, Villupuram. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the first respondent bearing R.C.No.35392/2008/PA 3, dated 28.10.2009, quash the same and pass such further or other orders. For Petitioner : M/s.Sai Bharat and Ilan For Respondents : No appearance ORDER The petitioner has challenged the proceedings of the Joint Director of Co-operative Audit, Chennai, first respondent herein, bearing R.C.No.35392/2008/PA 3, dated 28.10.2009. 2. A Perusal of the impugned order shows that Criminal Case No.187 of 2005, is under trial, against the petitioner, Senior Co-operative Auditor, for the offences, under Section 200 IPC, on the file of the learned Judicial Magistrate Court No.1, Villupuram and therefore, in the public interest and by invoking Rule 17(e) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, the petitioner was placed under suspension. https://hcservices.ecourts.gov.in/hcservices/ 3. Though the learned counsel for the petitioner submitted that the suspension of the petitioner is wholly unwarranted on account of pendency of a criminal case and that too, at the verge of retirement, this Court is not inclined to accept the same for the reason that as per 17(e)(1) of the above said Rules, a member of a service may be placed under suspension from service where an enquiry into grave charges against him is contemplated, or is pending or a complaint against him of any criminal offence is under investigation or trial and if such suspension is necessary in the public interest and as such, there is a pendency of private complaint against the petitioner and that therefore, the 1st respondent has rightly suspended him. 4. However, on the request of the 1st respondent, the Government Pleader, District Court, Villupuram, has stated that because of the private complaint, only the complainant was examined and no witnesses were examined on his side and that the case was pending for hearing. It is for the petitioner to appear before the said case and prove his innocence. 5. Hence, the writ petition is dismissed. No costs. Consequently, connected M.P.No.1 of 2009 is closed. Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar skm To 1. The Joint Director of Co-operative Audit, Chennai 600 005. 2. The Assistant Director of Co-operative Audit, Villupuram. +1cc to Mr.Sai, Advocate SR.No.70237 W.P.No.22325 of 2009 MG(CO) GMY(12/09/2019) https://hcservices.ecourts.gov.in/hcservices/