IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.09.2009
CORAM:
THE HONBLE MR.JUSTICE K.CHANDRU
W.P.No.35601 of 2006
(O.A.No.4357 of 1998)
S.SHANMUGASUNDARAM [PETITIONER]
Vs
1 THE STATE OF TAMIL NADU
REP. BY ITS SECRETARY, REVENUE DEPARTMENT,
FORT ST.GEORGE, CHENNAI - 09.
2 THE DISTRICT REVENUE OFFICER,
COLLECTORATE, SALEM.
3 THE REVENUE DIVISIONAL OFFICER
SANKAGIRI. [RESPONDENTS]
Prayer :Petition under Article 226 of the Constitution of India praying for a Writ of certiorari, to call for the records relating to proceedings of the 3rd respondent made in Na.Ka.No.1493/90 A. Dated 20.11.1991 and the consequential proceedings made in Na.Ka.No.5057/97/A dated 22.05.1998 to quash the same and consequently extend all benefits both service and monetary.
For Petitioner : Mr.L.Chandrakumar
For Respondents: Mr.R.Neelakantan,G.A.
O R D E R
The petitioner was a Village Administrative Officer at West Thottam, Chinnathamipalayam Post, Namakkal Taluk. He filed O.A.No.4357 of 1998 before the Tamil Nadu Administrative Tribunal, challenging the order dated 20.11.1991 as well as the order dated 22.05.1998 passed by the third respondent, Revenue Divisional Officer, Sankagiri.
2. By the order dated 20.11.1991, the petitioner was dismissed from service on account of his conviction in Sessions Case No.7 of 1987, in which he was charge sheeted under Section 307 I.P.C and was granted conviction for 10 years R.I for the I.P.C offence and for offence under the Arms Act one year R.I. by a judgment dated 03.01.1990. It was the stand of the petitioner that he had filed a criminal appeal in C.A.No.14/90 before this Court and this Court had set aside the order of the Trial Court by judgment dated 25.04.1997. Therefore, there is no impediment for his service being restored.
3. However, the third respondent by a subsequent order dated 22.05.1998 stated that as against the acquittal by the criminal court, in S.C.No.7/97 which was rendered after a remand made by the Trial Court by judgment dated 29.08.1997 a further appeal has been made as informed by the Inspector of Police, Mallasamudram Police Station and therefore, only after the outcome of the said case, further action will be taken on the representation made by the petitioner.
4. On notice from the Tribunal, the respondents have filed a reply affidavit dated 15.03.2000. In the reply affidavit, the first respondent had stated that there was no irregularity in passing the dismissal order, as Article 311(2)(a) of the Constitution provides for imposing penalty, if a person is convicted for any criminal offence. With reference to the prayer made by the petitioner, it was stated though this Court has remanded the matter to the Sub-Court, Sankari, the prosecution on such remand failed to prove the case beyond doubt. They were informed by the Inspector of Police, Mallasamudram by a letter dated 24.03.1997 that the petitioner had filed an appeal before this Court and since the Appellate Court namely, this Court has seized of the matter, the petitioner’s representation cannot be considered.
5. In view of the abolition of the tribunal, the matter stood transferred to this court and was renumbered as W.P.No.35601 of 2006.
6. When the matter came up before this Court, this Court directed the respondents to file an affidavit by the third respondent with reference to the present state of affairs. To the disappointment of this Court, the third respondent by a counter affidavit dated Nil (September 2009) copied the counter affidavit filed by the first respondent containing the very same averments without disclosing the developments that took place in the last 11 years. This attitude by the third respondent cannot be appreciated. When the petitioner has moved this Court with a specific plea and the third respondent having replied that the petitioner’s case is pending before this Court, it should have been verified whether such a statement was borne out by records or not.
7. Therefore, the learned Government Advocate was directed to produce the so called appeal filed by the Inspector of Police, Mallasamudram. It now transpires there was no appeal filed and only P.W.1 Sabapathy who was the defacto complainant filed a revision before this Court, in Crl.R.C.No.924 of 1997. The said Criminal Revision Case was dismissed by this Court as early as 18.09.2001 by the learned Judge of this Court confirming the orders passed by the Trial Court acquitting the petitioner.
8. When that is the case, it is not clear as to why the third respondent is still keep on harping the pendency of the so called appeal before this Court. Leave aside the distinction between the appeal and the revision, it must be stated that the third respondent has not brought to the notice of this Court the correct position with reference to the pendency of the criminal case launched against the petitioner. However, in his written communication dated 17.09.2009, the third respondent informed the Government Advocate that since he did not get copies of the criminal Court judgment, the said judgment was obtained from his office file and was forwarded to this Court. First of all, the third respondent was not bound to get any certified copy from this Court. The communication dated 17.09.2009 itself states that the copy of the said judgment is available in his file in which case he should have prepared his reply affidavit in accordance with the materials available in his office file. In view of the fact that there is no case pending against the petitioner and that he has been finally acquitted in S.C.No.7/1987 dated 29.08.97, there is no impediment for the respondents to take further action on the request made by the petitioner.
9. In the light of above, the writ petition stands allowed. The third respondent is directed to pass appropriate orders on the question of reinstatement of the petitioner within a period of two months from the date of receipt of a copy this order and communicate the result to the petitioner without fail. No costs.
18.09.2009
svki
Index : Yes/No
Internet:Yes/No
To
1 THE SECRETARY, REVENUE DEPARTMENT,
THE STATE OF TAMIL NADU
FORT ST.GEORGE, CHENNAI – 09.
2 THE DISTRICT REVENUE OFFICER,
COLLECTORATE, SALEM.
3 THE REVENUE DIVISIONAL OFFICER
SANKAGIRI.
K.CHANDRU,J.
Svki
W.P.No.35601 of 2006
(O.A.No.4357 of 1998)
18.09.2009