M.Mani v. The Secretary to Government

ORDER This writ petition is filed to call for the records relating to the impugned order passed by the second respondent in proceedings No.554/EA1/2020 dated

18.12.2020 quash the same as illegal arbitrary void and non-est in the eye of law, and consequently direct the first and second respondents to confer and disburse all notional service benefits monetary benefits, terminal benefits and all other attendant and pensionary benefits together with interest at the rate of 12% per annum from 13.12.2006 (the date of suspension) till the date of actual realization.

¶2The case of the petitioner is that the petitioner was appointed as an Office Assistant in the Public Works Department in the year 1986. Whileso, the petitioner was placed under suspension for the alleged offence of bribing a sum of Rs.800/- from one P.Ranguraman and a case was registered as Crime No.7 of 2006 on the file of Vigilance and Anti-Corruption, Cuddalore, under sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. In order to review the suspension order, the petitioner herein filed a writ petition in W.P.No.3855 of 2008 seeking reinstatement and this Court vide its order Page3 of 7 dated 14.02.2008, directed the second respondent to consider the same. But, the same was not considered. Under this circumstances, the petitioner attained the age of superannuation on 30.06.2014, however, he was not allowed to retire from service.

¶3It is the further case of the petitioner, on 30.06.2020, the petitioner was convicted for the aforesaid offence. Challenging the said conviction, the petitioner preferred Criminal Appeal in Crl.A.No.285 of 2020 and this Court by its order dated 30.07.2020, suspended the sentence. Pending disposal of the criminal appeal, the second respondent issued an order of dismissal dated

18.12.2020. Thereafter, this Court by judgment dated 08.11.2024, honourably acquitted the petitioner in the aforesaid criminal appeal by setting aside the conviction and sentence. Even then, the petitioner was not reinstated into service. Hence, challenging the order of dismissal, the petitioner has come forward with the present writ petition.

¶4Learned counsel for the petitioner would submit that this Court may permit the petitioner to send a representation to the respondents regarding reinstatement and disbursement of all notional service benefits, monetary benefits, terminal benefits and all other attendant and pensionary benefits together with interest at the rate of 12% per annum from 13.12.2006 (the date of suspension) till the date of actual realization. Page4 of 7

¶5Heard the learned counsel on either side and perused the materials available on record.

¶6Considering the submission made by the learned counsel for the petitioner, this Court issues the following directions:

(i) The petitioner is directed to submit a representation before the respondents, within a period of two weeks from the date of receipt of a copy of this order;

(ii) On such receipt, the respondents are directed to consider the same, in terms of the order passed by this Court in Crl.A.No.285 of 2020 dated

08.11.2024, within a period of four weeks thereof. With the aforesaid direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 30-01-2026 Index: Yes/No Speaking/Non-speaking order VM Page5 of 7 To:

¶1The Secretary To Government, Public Works Department, Secretariat, Chennai-600 009.

¶2The Executive Engineer PWD WRO., Lower Pennaiyur Basin Division, Public Works Department, Villupuram.

¶3The Engineer in -Chief and Chief Engineer (General), Office of the Engineer in-Chief and Chief Engineer (General), PWD, WRO, Chepauk, Chennai-600 005. Page6 of 7

M.DHANDAPANI, J. VM 30-01-2026 Page7 of 7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-01-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI and W.M.P.Nos.2816 & 2818 of 2026 M.Mani ..Petitioner(s) Vs 1. The Secretary to Government, Public Works Department, Secretariat, Chennai-600 009. 2. The Executive Engineer PWD.,WRO., Lower Pennaiyur Basin Division, Public Works Department, Villupuram. 3. The Engineer in -Chief and Chief Engineer (General), Office of the Engineer in-Chief and Chief Engineer (General), PWD, WRO, Chepauk, Chennai-600 005. ..Respondent(s) Prayer: This writ has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the second respondent in proceedings No.554/EA1/2020 dated 18.12.2020 quash the same as illegal arbitrary void and non-est in the eye of law, and consequently direct the first and second respondents to confer and disburse all notional service benefits monetary Page2 of 7 benefits, terminal benefits and all other attendant and pensionary benefits together with interest at the rate of 12% per annum from 13.12.2006 (the date of suspension) till the date of actual realization. For Petitioner(s) : Mr. N.Arunachalam For Respondent(s) : Mr.R.U.Dinesh Rajkumar,AGP