T.John Jeba Prakasam v. The State of Tamilnadu

ORDER This petition has been filed seeking a direction to the respondents to defer the enquiry proceedings initiated pursuant to the charge memo issued by the second respondent in F1/17728/2020-2 dated 31.01.2023, tntill the conclusion of the Criminal case in FIR No. 06/AC/2020/CC-II dated 08.06.2020 and Charge Sheet No. 05/2022 dated 23.12.2022.

2.The case of the petitioner is that he was initially appointed as a Junior Assistant in Labour and Employment Department through the Tamil Nadu Public Service Commission in the year 1999. Thereafter, he was promoted to the post of Assistant in 2005, and subsequently promoted as Assistant Inspector of Labour in 2017 and further promoted as Superintendent in the year 2020. While he was working as Assistant Inspector of Labour, the petitioner was implicated in a criminal case in FIR No.06/AC/2020/CC-II dated 08.06.2020 for the offences under Sections 7(b) and 12 of Prevention of Corruption (Amendment) Act, 2018. The law enforcing agency subsequently filed a Charge Sheet No.5 of 2022 dated 23.05.2022 on the file of the Chief Judicial Magistrate cum Special Judge for Cases under PC Act, Thiruvallur.. The petitioner also filed a discharge petition before the Chief Judicial Magistrate, Tiruvallur District which came to be dismissed. Aggrieved by the same, the petitioner has preferred a Criminal Revision in R.C No.574 of 2024 before this Page3 of 6 Court and the same is pending. In the meanwhile, the second respondent initiated departmental proceedings by issuing a charge memo on 31.01.2023, alleging demand of illegal gratification from one S.Bharathan for renewal of a dealership licence under Weights and Measures Act. Challenging the same, the present writ petition has been filed.

3.The learned counsel for the petitioner would submit that the petitioner has filed a discharge petition in Crl.M.P No.16073 of 2023 in Special CC No.4 of 2022 before the Chief Judicial Magistrate cum Special Judge for Cases under PC Act, Thiruvallur and the same was dismissed. Challenging the same, the petitioner filed a Criminal Revision in Crl.R.C No.574 of 2024 before this Court and the same was allowed by this Court on 06.12.2024. In view of the above, this Court may direct the second respondent to conclude the disciplinary proceedings by taking into consideration the discharge order passed by this Court.

4.Considering the limited request made by the learned counsel for the petitioner, there shall be a direction to the second respondent to conclude the disciplinary proceedings within a period of twelve (12) weeks from the date of receipt of a copy of this order. Page4 of 6

¶5With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 12-02-2026 Index: Yes/No Speaking/Non-speaking order UMA To

¶1The State of Tamilnadu Rep. by its Additional Chief Secretary To Government, Labour Welfare And Skill Development Department, Secretariat, Fort St.George, Chennai - 600 009.

¶2The Commissioner of Labour, DMS Compound, Teynampet, Chennai - 600 006.

¶3The Joint Commissioner of Labour/ Enquiry Officer, O/o. Director/Joint Commissioner of Labour, Tamil Nadu Construction Corporation, Thaiyur - 603 103, Presently The Secretary/Enquiry Officer, Tamil Nadu Domestic Welfare Board, 2nd Floor, IOA Complex, Royapettah, Chennai - 600 014. Page5 of 6 WPoNo.o10197oofo2024 M.DHANDAPANIoJ. UMA WPoNo.o10197oofo2024 and WMPoNos.11253oando20552oofo2024 12-02-2026 Page6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP Nos. 11253 and 20552 of 2024 T.John Jeba Prakasam S/o. K.Daniel, Superintendent, Office of The Joint Director, Industrial Safety and Health Kancheepuram District, At Chennai-600 032 ..Petitioner(s) Vs 1. The State of Tamilnadu Rep. by its Additional Chief Secretary To Government, Labour Welfare and Skill Development Department, Secretariat, Fort St.George, Chennai - 600 009. 2. The Commissioner of Labour, DMS Compound, Teynampet, Page1 of 6 Chennai - 600 006. 3. The Joint Commissioner of Labour/ Enquiry Officer, O/o. Director/Joint Commissioner of Labour, Tamil Nadu Construction Corporation, Thaiyur - 603 103, Presently The Secretary/Enquiry Officer, Tamil Nadu Domestic Welfare Board, 2nd Floor, IOA Complex, Royapettah, Chennai - 600 014. ..Respondent(s) Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to defer the enquiry proceedings based on the charge memo issued by the 2nd Respondent in F1/17728/2020-2 dated 31.01.2023 till the conclusion of the Criminal case in FIR No. 06/AC/2020/CC-II dated 08.06.2020 and Charge Sheet No. 05/2022 dated 23.12.2022. For Petitioner(s): Mr.V.Sukumar For Respondent(s): Mr.P.Ganesan, Additional Government Pleader Page2 of 6