1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:16.06.2011 Coram: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Appeal (MD)No.545 of 2011 S. Raveenthiran, S/o. M. Subramanian, No.32, Vivekananda Nagar, Pykara, Madurai - 625 004. :Appellant/Petitioner -Vs- 1. The Superintending Engineer, Madurai Electricity Distribution Circle, Tamil Nadu Electricity Board, K. Pudur, Madurai - 625 007. 2. The Executive Engineer, East Division, Tiruppalai, Madurai - 625 014. :Respondents/Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 21.04.2011 passed in W.P.(MD)No.4646 of 2011. WP(MD)No.4646 of 2011 Prayer:Petition filed under article 226 of the constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records relating to proceedings in Memo No.560/Cepm/epgp.1/C3/2010, dated 20.10.2010 on the file of the first respondent herein and to quash the same, and direct the 1st respondent to revoke the order of suspension pased by him as against the petitioner in memo No.1288/AADO/MDU/ADMI/A3/F-Suspens/09 dated 14.07.2009 and to reinstate the petitioner in his regular post as the commercial Inspector/Karuppayurani Section or such toher place within the office of the second respondent with all the attendant benefits within the office of the second respondent with all the attendant benefits within a time frame as may be fixed by this court. For Appellant:Mr.N. Subramanian JUDGMENT (Judgment of the Court was delivered by K. SUGUNA, J.) This Writ Appeal is directed against the order of learned Single Judge dated 21.04.2011 passed in W.P.(MD)No.4646 of 2011. 2.The said writ petition has been filed challenging an order dated 20.10.2010 of the first respondent, refusing to revoke the order of suspension as against the appellant / writ https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner dated 14.07.2009, which has been passed basing on a trap set by the Vigilance and Anti Corruption Department. 3.The learned Single Judge has dismissed the writ petition on the ground that since the appellant / writ petitioner has been placed under suspension basing on the trap set by the Vigilance and Anti Corruption Department, the reply given by the first respondent rejecting the request of the appellant herein with regard to revocation of suspension is justified. 4.According to the learned counsel appearing for the appellant, except the First Information Report, no other document is pending as against the appellant and two years' time is now over, consequently, the order of suspension is liable to be set aside, as also the order of rejection by the first respondent. 5.It is an admitted fact that basing on the trap set by the Vigilance and Anti Corruption Department, the appellant has been placed under suspension and in consequence of the same, a criminal case is also pending. As far as G.O.Ms.No.40 Personnel and Administrative Reforms Department dated 30.01.1996 is concerned, no time limit has been prescribed and further, it has been stated in the said Government Order that the prescribed time limit will not be applicable to the Government Servants against whom criminal proceedings have been initiated. That apart, the argument of the learned counsel for the appellant is that except the F.I.R., no other document is pending as against the appellant. This argument will not be helpful to the appellant. Now, it is only at the stage of F.I.R. At this stage, the order of suspension cannot be revoked especially when the same has been passed basing on the trap set by the Vigilance and Anti Corruption Department. We do not find any merit in this writ appeal and the same is liable to be dismissed. 6.Accordingly, this writ appeal is dismissed. However, there will be no order as to costs. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1. The Superintending Engineer, Madurai Electricity Distribution Circle, Tamil Nadu Electricity Board, K. Pudur, Madurai - 625 007. 2. The Executive Engineer, East Division, Tiruppalai, Madurai - 625 014. Dpn/- W.A.(MD)No.545 of 2011 RP/29.06.2011/2P/3C. 16.06.2011 https://hcservices.ecourts.gov.in/hcservices/