IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.07.2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.Nos.8451, 9230, 9765, 10187, 10246, 11093, 11984, 12001, 13725,13774, 14913, 14914, 14917, 14918, 15093, 15185, 15289, 15331,15421, 15487, 15488,15641, 15671, 16643, 19707, 21734, 22117, 22604, 22927, 23603, 24944 and 25161 of 2009 AND M.P.Nos.1,2,2,1,2,1,1,2,1,2,1,1,1,2,2, 1,2,2,2,2,3,2,2,3,2,1,1,1,1,2,1 and 2 of 2009, 1,1,1,1, of 2010 and 1 of 2011 K.Arokia Nathan ..Petitioner in W.P.8451 of 2009 G.K.Padmanabhan ..Petitioner in W.P.9230 of 2009 A.Mahalingam ..Petitioner in W.P.9765 of 2009 A.Rajendran ..Petitioner in W.P.10187 of 2009 P.Arumugam ..Petitioner in W.P.10246 of 2009 J.Rajalakshmi ..Petitioner in W.P.11093 of 2009 R.Thiruselvam ..Petitioner in W.P.11984 of 2009 M.Sivakumar ..Petitioner in W.P.12001 of 2009 P.Veerarraghavan ..Petitioner in W.P.13725 of 2009 A.Kannabiran ..Petitioner in W.P.13774 of 2009 S.Francis ..Petitioner in W.P.14913 of 2009 M.Kathirvel ..Petitioner in W.P.14914 of 2009 M.A.Hameed Nizar ..Petitioner in W.P.14917 of 2009 N.Logambal ..Petitioner in W.P.14918 of 2009 M.Kalaiselvi ..Petitioner in W.P.15093 of 2009 T.Murugesan ..Petitioner in W.P.15185 of 2009 S.Sundar ..Petitioner in W.P.15289 of 2009 P.Shanmugasundaram ..Petitioner in W.P.15331 of 2009 R.Gomathi ..Petitioner in W.P.15421 of 2009 R.Sivapunniyam ..Petitioner in W.P.15487 of 2009 A.Valarmathy ..Petitioner in W.P.15488 of 2009 S.S.Anandan ..Petitioner in W.P.15641 of 2009 K.Ramachandran ..Petitioner in W.P.15671 of 2009 A.Dominic Savior ..Petitioner in W.P.16643 of 2009 G.Ramasamy ..Petitioner in W.P.19707 of 2009 B.Duraisamy ..Petitioner in W.P.21734 of 2009 M.Janakiraman ..Petitioner in W.P.22117 of 2009 G.Saraswathi ..Petitioner in W.P.22604 of 2009 S.Purushothaman ..Petitioner in W.P.22927 of 2009 A.Dharman ..Petitioner in W.P.23603 of 2009 C.Elangovan ..Petitioner in W.P.24944 of 2009 Gna.Thilagar ..Petitioner in W.P.25161 of 2009 Vs. https://hcservices.ecourts.gov.in/hcservices/ The Senior Regional Manager (North), Tamil Nadu Civil Supplies Corporation Limited, Chennai-600 086. The Enquiry Officer, C.M.Balakrishnan, Office Superintendent, P.R. Section, The Senior Regional Manager (North), Tamil Nadu Civil Supplies Corporation Limited, Chennai-600 086. .. Respondents in W.P.No.8451 of 2009 The Deputy Registrar(Housing) Salem Region, Salem Salem District ..Respondent in W.P.9230 of 2009 The Commissioner Animal Husbandary and Veterinary Services Chennai - 600 006 ...Respondent in W.P.9765 of 2009 The Inspector General of Registration, Santhome, Chennai - 28 ...Respondent in W.P.10187/2009 The District Collector (Inspector of Panchayats) Coimbatore District-Coimbatore The Block Development Officer, (Village Panchayat)Pollachi (North) Block Coimbatore District The President Achipatti Village Panchayat Pollachi North Block Coimbatore District ...Respondents 1 to 3 in W.P.10246 of 2009 THE SPECIAL COMMISSIONER AND TRANSPORT COMMISSIONER, CHEPAUK, CHENNAI-5. .. Respondent in W.P.11093/09 THE COMMISSIONER OFFICE OF THE COMMISSIONER VILLIANUR COMMUNE PANCHAYAT VILLIANUR. .. Respondent in W.P.11984/09 https://hcservices.ecourts.gov.in/hcservices/ THE DIRECTOR OF MEDICAL & RURAL HEALTH SERVICES IN-CHARGE CHENNAI-6. .. Respondent in W.P.12001/09 THE DISTRICT COLLECTOR, VILLUPURAM DISTRICT, VILLUPURAM. THE THASILDAR, TINDIVANAM TALUK, TINDIVANAM TALUK, TINDIVANAM .. Respondents in W.P.13725/09 THE COMMISSIONER, RASIPURAM MUNICIPALAITY, RASIPURAM, NAMAKKAL DISTRICT. .. Respondent in W.P.13774/09 THE DISTRICT COLLECTOR, ERODE DISTRICT ERODE. THE REVENUE DIVISIONAL OFFICER, ERODE, ERODE DISTRICT. .. Respondents in W.P.14913/09 THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, CHEPAUK, CHENNAI-5. .. Respondent in W.P.14914/09 THE PRINCIPAL COMMISSIONER AND COMMISSIONER FOR REVENUE ADMINISTRATION CHEPAUK CHENNAI-5 THE PERSONAL ASSISTANT (GENERAL) TO THE COLLECTOR, COLLECTOR'S OFFICE, CHENNAI 600 001. .. Respondents in W.P.14917/09 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE 359 ANNA SALAI CHENNAI 6. THE DEPUTY DIRECTOR OF HEALTH SERVICES AND FAMILY WELFARE TRICHY .. Respondents in W.P.14918/09 THE DIRECTOR OF SOCIAL WELFARE AND NUTRITIONS MEAL PROGRAMME CHEPAUK, CHENNAI 600 005. .. Respondent in W.P.15093/09 THE PRINCIPAL SECRETARY TO GOVERNMENT, (HOME POLICE-17 SECRETARIAT, CHENNAI. .. Respondents in W.P.15185/09 https://hcservices.ecourts.gov.in/hcservices/ THE PAY & ACCOUNTS OFFICER (EAST), CHEPAUK, CHENNAI-5. .. Respondent in W.P.15289/09 THE DEPUTY INSPECTOR GENERAL OF POLICE, COIMBATORE RANGE, COIMBATORE-18. THE SUPERINTENDENT OF POLICE, ERODE DISTRICT, ERODE. .. Respondents in W.P.15331/09 INSEPCTOR GENERAL OF POLICE NORTH ZONE ST. THOMAS MOUNT CHENNAI. DEPUTY INSPECTOR GENERAL OF POLICE KANCHEEPURAM RANGE KANCEEPURAM. .. Respondents in W.P.15421/09 THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT, CHENNAI 9. ..RESPONDENT IN WP 15487/2009 THE CHIEF EDUCATIONAL OFFICER UDAYARPALAYAM, PERAMBALUR DISTRICT THE HEADMASTER GOVERNMENT HIGHER, SECONDARY SCHOOL PONPARAPPI PERAMBALUR DISTRICT. ..RESPONDENTS IN WP 15488/2009 THE DEPUTY INSPECTOR GENERAL OF POLICE, COIMBATORE RANGE, COIMBATORE ..RESPONDENT IN WP 15641/2009 THE DIRECTOR GENERAL OF POLICE LAW AND ORDER, CHENNAI-4. THE SUPERINTENDENT OF POLICE TRICHIRAPPALLI. ..RESPONDENTS IN WP 15671/2009 THE STATE REP. BY ITS SECRETARY TO GOVERNMENT TOWN PANCHAYAT DEPARTMENT, FORT ST.GEORGE, CHENNAI-9. THE ASSISTANT DIRECTOR TOWN PANCHAYAT, TIRUCHIRAPALLI CIRCLE TIRUCHIRAPALLI. https://hcservices.ecourts.gov.in/hcservices/ THE EXECUTIVE OFFICER SPECIAL TOWN PANCHAYAT OFFICE, VARADAJANPETTAI, PERAMBALUR DISTRICT-621805. ..RESPONDENTS IN WP 16643/2009 THE COMMISSIONER COIMBATORE CITY MUNICIPAL CORPORATION COIMBATORE. ANSUL MISHRA, IAS THE COMMISSIONER COIMBATORE CITY MUNICIPAL CORPORATION COIMBATORE. GOMATHI VINAYAGAM ASSISTANT COMMISSIONER (ACCOUNTS) COIMBATORE CITY MUNICIPAL CORPORATION COIMBATORE-641001 ..RESPONDENTS IN WP 19707/2009 THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT FORT ST. GEORGE, CHENNAI-9 THE DISTRICT COLLECTOR THIRUVANNAMALAI DISTRIC THE TAHSILDAR ARNI TALUK, THIRUVANNAMALAI DISTRICT ..RESPONDENTS IN WP 21734/2009 THE DIRECTOR MEDICALS AND RURAL WELFARE WORKS, KILPAUK, CHENNAI 6. THE JOINT DIRECTOR MEDICALS RURAL AND FAMILY WELFARE DEPT. VEPPA MARA STREET, VELAPPADI VELLORE. THE MEDICAL OFFICER GOVT. HOSPITAL, ARCOT, VELLORE. ..RESPONDENTS IN WP 22117/2009 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (C & M) DIVISION, VILLUPUPRAM ..RESPONDENTS IN WP 22604/2009 THE DIRECTOR OF TREASURIES AND ACCOUNTS CHENNAI-15. https://hcservices.ecourts.gov.in/hcservices/ THE PAY AND ACCOUNTS OFFICER (SOUTH) CHENNAI-35. Respondents in W.P.22927/2009 THE DISTRICT COLLECTOR ERODE. THE DISTRICT REVENUE OFFICER ERODE. THE TAHSILDAR ERODE. Respondents in W.P.23603/2009 THE EXECUTIVE ENGINEER (O&M) CEDO WEST/TNEB ANNA NAGAR CHENNAI 40. Respondents in W.P.24944/2009 THE COMMISSIONER OF ADI DRAVIDAR AND TRIBAL WELFARE CHEPAUK CHENNAI-5. THE DISTRICT ADI-DRAVIDAR AND TRIBAL WELFARE OFFICER VILLUPURAM DT VILLUPURAM. Respondents in W.P.25161/2009 W.P.No.8451 of 2009 is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records in connection with suspension order No.M.A.Conf.No.1/8 dated 15.9.2008 and letter No.Rc.No.A21/8296/2008, dated 6.4.2009 issued by the first respondent and quash the same and consequently to direct the second respondent to conduct the enquiry in accordance with law by giving fair opportunity. Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus,calling for the entire records relating to the impugned order of suspension of service of the petitioner passed by the respondent in his proceedings R.C.No.3186/2008 E dt.6.3.2009 and quash the same as null and void and conseqeutnly direct the respondent to reinstate the petitioner into service and as on possession of the dt.5.3.2009 (in W.P.No.9230/2009) Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari,calling for the records of the respondent in connection with the Orders passed by him in his proceedings ROC No.54072/L1/08 dated 04.08.2008 and also order passed by him in his proceeding in Na.Ka.54072/L1/08 dt. 05.11.2008 and quash. (in W.P.9765/2009) https://hcservices.ecourts.gov.in/hcservices/ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus,calling for the records of the respondents in connection with the impugned suspension order issued by the respondent in Proc. No. 10992/V2/2009 dt.4.3.2009 and quash the same and grant him all consequential service and monetary benefits. (in W.P.10187/2009) Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, to call for the records pertaining to the order bearing Roc. No. 1780/08/B2 dt. 11.5.2009 of the 2nd respondent herein and quash. (in W.P.10246/2009) Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari,to call for the records pertaining to the order of the respondent herein passed in his Proc. R. No.VA1/56607/2008 dt 20.9.2008 placing the petitioner under suspension and quash. (in W.P.11093/2009) Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari,call for the records on the file of the respondent in proceeding No.F-75-1/VCP/04-05/ESTT. DATED 24.10.2004 and quash. (in W.P.11984/2009) Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari,to call for the records relating to the impugned order passed by the Respondent herein in his Proceedings Ref.No.69449/SC1/1/2003 dated 02.04.2008 and the consequential order Ref.No.69449/SC1/1/2003 dated 4.12.2008 and quash the same. (in W.P.12001/2009) Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus,to call for the records of the 2nd respondent in his proceedings Na.Ka.a.6/7483/09 dt 11.6.2009 and quash the same and consequently direct the respondents not to take any further action against the petitioner as per the representation made to them through his lawyer on 22.6.2009. (in W.P.13725/2009) Writ of Certiorari calling for records on the file of the respondent relating to the order issued in ROC.NO.968/09/C1 DT.26.03.2009 and quash ( WP 13774/2009) Writ of Certiorari Mandamus calling for records on the file of the 2nd respondent relating to the order issued in Ref. 8806/2008 A.2 dt. 17.9.2008 and quash the same and direct the respondents to reinstate the petitioner into service with all consequential service and monetary benefits.(WP 14913/2009) Writ of Certiorari Mandamus to call for the records relating to the impugned order passed by the respondent herein in his proceedings https://hcservices.ecourts.gov.in/hcservices/ Roc. No. 32083/2007/S2 dt 13.6.2007 and quash the same and direct the respondent herein toreinstate the petitioner into service within a time frame as deem fit.( WP 14914/2009) Writ of Certiorari Mandamus to call for the records on the file of the 2nd respondent in proceedings No.A3/43586/2002 dt 2.12.2005 and quash the same and consequently direct the respondents to reinstate the petitioner in to service immediately and pay the other service and monetary benefits.( WP 14917/2009) Writ of Certiorari Mandamus directing the 1st respondent herein to revoke the order of suspension passed by the 2nd respondent herein in R.No. 6933/A1/07 dt 1.9.2007 based on the petitioners representation dt 29.10.2008 ( WP 14918/2009) Writ of Certiorari Mandamus calling for the records pertaining to the proceedings of the respondent in Na.Ka.No. 27940/Nir.5-3/2007 dt 6.3.2008 and Proc.No. 27940/Admn. 5-3/2007 dt 6.3.2008 quash the same and direct the respondent to settle all retirement benefits of the petitioner.(WP 15093/2009) Writ of Certiorari Mandamus calling the records in respect of suspension order G.O.D.No.1158 dt.15.11.2005 passed by the respondent and quash the same and direct the respondent to reinstate the petitioner in service. (WP 15185/2009) Writ of Certiorari Mandamus to call for the records on the file of the respondent in connection with the orders passed by him in his Proc.Nos.PAO(E) Rc.No.8105/2003/A3 dt.11.3.2003 Sa.Ka.(Ki)/ Na.Ka.8105/03 A3 dt.23.2.2006 and PAO(E) Rc.No.8105/A3 dt.23.2.2006 and quash (WP 15289/2009) Writ of Certiorari Mandamus calling for records pertaining to the orders of suspension passed by the 1st respondent in C.No.D1/1353/2007 RO91/2007 dated 22.02.2007 and quash the same and direct the respondents to reinstate the petitioner into service with all other attendant benefits.( WP 15331/2009) Writ of Certiorari Mandamus to call for the records relating to the impugned suspension order passed by the second respondent herein in his proceedings R.O.No.35/2008 C.No.B2/1443/2008 dt.20.2.2008 and the consequential rejection order in C.No.B2/1443/2008 dt.5.5.2009 and quash the same and consequently direct the respondents to reinstate the petitioner into service with all consequential service benefits. (WP 15421/2009) Writ of Certiorari Mandamus calling for the records pertaining to the order passed by the respondent in G.O.(D) No. 648 Health and Family Welfare Department dt 29.5.2008 and quash the same . ( WP 15487/2009) https://hcservices.ecourts.gov.in/hcservices/ Writ of certiorarified mandamus to call for the records relating to the order dt 5.11.2008 passed by the 1st respondent in Na.Ka.No.11109/A5/2006 confirming that of his order dt 8.6.2007 and reinstate the petitioner in service quash the same and direct the respondents to reinstate the petitioner (in WP.No.15488/2009) Writ of certiorari call for the records relating to the to call for the records relating to the impugned orders passed by the respondent herein in his proceedings Rc. No. 4618/D1/2005 in Range Order No.203/2005 dt 30.5.2005 and the consequential order passed in Rc. No.D1/4618/2005 dt. 1.11.2007 (in WP.15641/2009) Writ of mandamus direct the first respondent herein to revoke the order of suspension passed by the second respondent herein in D.O.No.1/2005 C.No.H2/402/2005 dated 09/01/2005 and C.No.H2/402/2005 dated 13/01/2009 based on the petitioner;s representation dated 24/01/2009 within a time frame (in WP.15671/2009) Writ of certiorarified mandamus calling for the records relevant to the order in Na.Ka.No.217/2004 dated 04.08.2004 passed by the 3rd respondent and quash the same as illegal improper unreasonable arbitrary and against the rule of law total non application of mind and against the natural justice and thereby direct the 3rd respondent to reinstate the petitioner into service and pay back all the service and monetary benefits from 04.08.2004 to the petitioner (in WP.16643/2009) Writ of certiorari calling for the records relating to the impugned order of the 1st respondent issued in Roc. No. 8940/2009/K7 dt 9.9.2009 and quash (in WP.19707/2009) Writ of certiorari calling for the records vide Na.Ka.4/10901/2009 and quash the order of suspension passed by the 3rd respondent dated 17.9.2009.(in WP.21734/209) Writ of certiorarified mandamus calling for the entire records pertaining to the order Na. Ka.No.1208/cm/07 dt 23.2.2007 of the 2nd respondent and quash the same consequently directing the 2nd respondent to reinstate the petitioner in the service of the respondent with full back wages and with all other attended benefits with continuity of service (in WP.22117/2009) Writ of certiorari Calling for the entire records relating to the proceedings in No.1666/2009/E1 dated 31.08.2009 on the file of the Respondent and quash the same (in WP.22604/2009) Writ of certiorari Calling for the entire records relating to the impugned order passed by the 2nd respondent in his proceedings No.PAO(S) Proc RC 47405/2008/A3 dated 26.9.2008; No.PAO (s) RS.47405/09/A3 dt.20.5.2009 and I respondent proceedings https://hcservices.ecourts.gov.in/hcservices/ No.RC.No.43429/2008/03 dated 7.5.2009 and quash the same.(in WP.22927/2009) Writ of certiorari Calling for the records relating to the second respondent vide proceedings No.Rc.70945/2006/A4 dated 18.12.06 and to quash. (in WP.No.23603/2009) Writ of certiorari calling for the records in memo No.EE/O&M/annanagar/AADMO/ADS/A1/E confdl/D.No.313/09 dt 28.7.2009 on the file of the respondent and quash(in WP.24944/2009) Writ of certiorari Calling for the records on the file of the 1st respondent relating to the order issued in G3/27359/09 dt.30.9.2009 and quash the same and further direct the respondents to reinstate the petitioner into service with all consequential service and monetary benefits. (WP.25161/2009) For Petitioners : Dr.R.Sampathkumar Mr.C.Prakasam Mr.R.Singaravelan Mr.S.Sivakumar Mr.V.Suthakar Mr.Ravishanmugam Mr.V.Raghavachari M/s.Bala & Daisy Mr.A.K.Kumarasamy M/s.Alaimagal Cauvery Mr.R.Chandrasekaran Mr.K.Sanjay Mr.M.Hidayathulla Khan Mr.D.Rajagopal Mr.S.Kamadevan Mr.S.Mani Mr.C.Prabhakaran Mr.M.V.Muralidharan Ms.AL.Gandhimathi Mr.Ashokpathy for M/s.Pass Associates Mr.K.Sivakumar Mr.N.S.Sivakumar Mr.R.Sreedharan Mr.S.Vijayakumar Mr.K.Shamugakani Mr.R.N.Amarnath Change of vakalath and reported no instructions from party in W.P.No.15289 of 2009 For Respondents : Mr.V.Subbiah, Spl.G.P. Mr.RM.Muthukumar, GA https://hcservices.ecourts.gov.in/hcservices/ Mr.G.Vasudevan for TNEB Ms.Mala, Spl.G.P. (Puducherry) Mr.P.Subramanian for R-1 in W.P.13774 of 2009 MR.V.Arun for R-3 in W.P.No.16643 of 2009 Mr.R.Sivakumar for RR1 and 2 in W.P.No.19707 of 2009 No appearance for R-1 in W.P.8451 of 2009 for RR2 and 3 in W.P.No.10246 of 2009 for R-3 in W.P.No.19707 of 2009 COMMON ORDER I.PROLOGUE : In majority of these writ petitions, the petitioners who are public servants were accused of taking bribes, caught red-handed in traps and are facing charges before the Special Judge constituted under the Prevention of Corruption Act, 1988. When they were placed under suspension by the competent authority, they have come to this court challenging the orders of suspension. In most of cases, interim stay of suspension have been granted giving some reasons for the orders. Before proceeding to deal with the merits of their contentions, it is necessary to set the tone for dealing with the cases of public servants involved in corruption. 2.The Supreme Court in K.C. Sareen v. CBI reported in (2001) 6 SCC 584 in paragraph 12 had observed as follows: “12.Corruption by public servants has now reached a monstrous dimension in India. Its tentacles have started grappling even the institutions created for the protection of the republic. Unless those tentacles are intercepted and impeded from gripping the normal and orderly functioning of the public offices, through strong legislative, executive as well as judicial exercises the corrupt public servants could even paralyse the functioning of such institutions and thereby hinder the democratic polity. Proliferation of corrupt public servants could garner momentum to cripple the social order if such men are allowed to continue to manage and operate public institutions. ... ” 3.The Supreme Court also in State of M.P. v. Ram Singh reported in (2000) 5 SCC 88 in paragraphs 8,9 and 11 had observed as follows: “8.Corruption in a civilised society is a disease like cancer, which if not detected in time, is sure to maliganise (sic) the polity of the country leading to disastrous consequences. It is termed as a plague which is not only contagious but if not controlled spreads like a fire in a jungle. Its virus is compared with HIV leading to AIDS, being https://hcservices.ecourts.gov.in/hcservices/ incurable. It has also been termed as royal thievery. The socio-political system exposed to such a dreaded communicable disease is likely to crumble under its own weight. Corruption is opposed to democracy and social order, being not only anti-people, but aimed and targeted against them. It affects the economy and destroys the cultural heritage. Unless nipped in the bud at the earliest, it is likely to cause turbulence — shaking of the socio-economic-political system in an otherwise healthy, wealthy, effective and vibrating society. 9.The menace of corruption was found to have enormously increased by the First and Second World War conditions. Corruption, at the initial stages, was considered confined to the bureaucracy which had the opportunities to deal with a variety of State largesse in the form of contracts, licences and grants. Even after the war the opportunities for corruption continued as large amounts of government surplus stores were required to be disposed of by the public servants. As a consequence of the wars the shortage of various goods necessitated the imposition of controls and extensive schemes of post-war reconstruction involving the disbursement of huge sums of money which lay in the control of the public servants giving them a wide discretion with the result of luring them to the glittering shine of wealth and property. In order to consolidate and amend the laws relating to prevention of corruption and matters connected thereto, the Prevention of Corruption Act, 1947 was enacted which was amended from time to time. In the year 1988 a new Act on the subject being Act 49 of 1988 was enacted with the object of dealing with the circumstances, contingencies and shortcomings which were noticed in the working and implementation of the 1947 Act. The law relating to prevention of corruption was essentially made to deal with the public servants, not as understood in common parlance but specifically defined in the Act. 11.Procedural delays and technicalities of law should not be permitted to defeat the object sought to be achieved by the Act. The overall public interest and the social object is required to be kept in mind while interpreting various provisions of the Act and deciding cases under it.” It is in this context, the cases filed by the petitioners will have to be looked into. II.Facts in brief : 4.In all these writ petitions, the petitioners are employees of different departments of Government and public sector units. They https://hcservices.ecourts.gov.in/hcservices/ are faced with actions taken by the Directorate of Vigilance and Anti Corruption. The cases registered against them relate to corruption charges and are pending trial before the Special Courts. In view of those cases, they were placed under suspension in terms of the Tamil Nadu Civil Services (Discipline and Appeal) Rules or Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules or under the Certified Standing Order of the Tamil Nadu Electricity Board or under the Tamil Nadu Panchayat Act or under the Tamil Nadu Water Supply and Drainage Board service regulations. The petitioners have approached this court challenging the suspension orders on untenable grounds. 5.In view of the common issues involved in these writ petitions, they were dealt together and a common order is passed. 6.The following table will show the name of the petitioners, the post held by them, details of criminal cases, the earlier writ petitions if any filed by them and the interim relief if any passed in their favour, which is as follows: Sl . No . W.P.Nos. And Petitioner name Dept. and post Details of criminal case, if any Earlier WP for directions to review if any Interim relief, if any 1 8451 of 2009 TNCSC Ltd. Packer Criminal offence under investigation Nil Stay from 29.4.2009 2 9230 of 2009 CSR (Housing) Cooperation Misappropriatio n of societies funds Nil Stay from 14.5.2009 3 9765 of 2009 Manager, Animal Husbandry Criminal case FIR 25/07 u/s.420 r/w 120-B IPC W.P.22237/08 review rejected Direction to pay 75% wages 4 10187 of 2009 Sub Registrar, Registratio n Dept. Crl. Case (PC Act) Cr.No.5/09 - Stay 6.7.2009 until further orders 5 10246 of 2009 Panchayat Asst., Achipatti Panchayat Mis conduct, insubordination - Stay 11.6.2009 https://hcservices.ecourts.gov.in/hcservices/ 6 11093 of 2009 Jr.Asst., RTO Office, Transport Dept Bribe taking Crl. Case pending - Stay 26.6.2009 , vacate stay pending, extended until further orders 7 11984 of 2009 Sanitary Maistry- Gr.II Villianur Commune. D.P. Pending - - 8 12001 of 2009 Jr. Assistant Health service Corruption case before Special Judge W.P.11806/06 Review declined 9 13725 of 2009 Village Asst. Bigamous marriage and cheating of Rs.46,600/- - Stay w.e.f 21.7.2009 10 13774 of 2009 Jr. Asst. Rasipuram Mun icipality Criminal case arrested - Stay w.e.f. 21.7.2009 11 14913 of 2009 V.A.O., B.S.Agrahar am village, Erode Detained in custody - Stay w.e.f. 30.07.200 9 12 14914 of 2009 EO, Thanthoni Municipalit y Taking bribe of Rs.1500/-, crl. Case pending W.P.6473/08 Stay 30.7.2009 13 14917 of 2009 VAO, Fort- Tondiarpet Allowed encroachment of Govt land. 17 (b) charges framed W.P.10655/08 Stay 30.7.2009 v/s petition pending 14 14918 of 2009 Village Health Nurse, PHC Corruption, vigilance case - Stay w.e.f. 30.7.09 15 15093 of 2009 Rural Welfare Officer, Panchayat Dept Produced bogus SSLC mark certificate and charges framed - Stay w.e.f. 31.7.09 https://hcservices.ecourts.gov.in/hcservices/ 16 15185 of 2009 Divisional Officer, Fire Service Bribery case, criminal case 19/05 pending - Stay w.e.f. 3.8.09/ review rejected 17 15289 of 2009 Record Clerk Pay & Accounts Office Crl. Case u/s.341, 397, 336, 427 r/w 506(2) IPC W.P.13201/05 -I W.P.23301/07 -II Stay dismissed . Review rejected 18 15331 of 2009 S.I. Of police Criminal case u/s 498A r/w 504(ii) IPC - Stay 4.8.2009 19 15421 of 2009 Sub Inspector of Police Crl case under PC Act, 1988, taking bribe of Rs.50000/- W.P.2919/09 Stay 5.8.2009 review rejected 20 15487 of 2009 Sr. Drug Inspector, Health Dept. Crl case under investigation- corruption charges - Stay 5.8.2009 21 15488 of 2009 Secondary Grade Teacher Responsible for the death of Rajeshkumar, crl case pending W.P.22664/07 Review rejected stay 5.8.09 22 15641 of 2009 Sub Inspector of Police DV&AC case pending W.P.23546/07 Stay 6.8.2009 23 15671 of 2009 Head Constable, Police Dept Taking bribe Rs.4000/-, criminal case under PC Act W.P.1535 of 2005 Stay 5.8.2009, review rejected 24 16643 of 2009 Sanitary Worker, Panchayat Crl case under section 302 IPC W.P.21695/05 dismissed as withdrawn Stay dismissed 25 19707 of 2009 Headmaster, Corpn. H.S.School Brought pressure on teacher in a pending enquiry charges u/s 17 (b) - Stay 24.9.2009 26 21734 of 2009 Village Asst. Criminal case u/s.147, 148, 294B, 323 and 324 IPC - Stay 28.1.2010 https://hcservices.ecourts.gov.in/hcservices/ 27 22117 of 2009 Hospital worker Misbehaving with the women patient, criminal case pending - No stay 28 22604 of 2009 Record clerk, PW Dept. Crl case u/s.409 and 424 IPC pending - Stay 5.11.2009 , MP dismissed - 26.10.201 0 29 22927 of 2009 Accountant, Treasury Dept. Taking bribe, crl. Case pending W.P.26638/08 Review rejected, No stay 30 23603 of 2009 Revenue Inspector, Revenue Dept. Taking bribe DV&AC case pending W.P.6041/200 7 Stay 30.11.09, review rejected 31 24944 of 2009 Foreman, TNEB Arrested by Vigilance police - Stay 4.12.2009 32 25161 of 2009 Headmaster, AD Welfare Dept. Crl case u/s.384, 420 r/w 506(ii) IPC - Stay 7.12.2009 III.Reasons for grant of interim orders : 7.After admission of writ petitions and in some cases ordering notice of motion, this court had granted invariably an interim stay, most of the times before notice and some times after notice. The reasons which prompted this court to grant stay as reflected in the various interim orders are as follows: (a)Though fictional clause