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D.Elumalai vs The Deputy Inspector General Of ...

Madras High Court|31 July, 2017

JUDGMENT / ORDER

The order of Suspension dated 28th February, 2017 is under challenge in this writ petition. The writ petitioner was holding the post of Grade  II Police Constable and placed under suspension on account of the criminal cases registered against him Under Sections.7,13(2) r/w 13(1)(d) of Prevention of Corruption Act and 109 I.P.C r/w 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. The criminal case was registered on 21.09.2016.
2. The learned counsel appearing for the writ petitioner contended that the writ petitioner is an innocent person and not connected with any such allegations of Corruption.
3. On a perusal of the affidavit, it shows that there are certain serious allegations regarding the demand of bribe against the writ petitioner. Allegations of demand or acceptance of bribe has to be viewed very seriously and no indulgence to be shown by the courts in granting relief against the persons involving in such Corruption cases.
4. This Court is not inclined to show any leniency towards the public servants against whom the allegation of corruption is framed. It is left open for the writ petitioner to contest the case and prove his innocence during the course of enquiry. But, an order of suspension is not a punishment since the criminal case is registered against the writ petitioner. It is necessary for the authorities to keep the writ petitioner away from the office so as to conduct a free and fair investigation as well as trial. Such being the object of an order of suspension, more so in the case on hand, the order of suspension was issued on 28th February, 2017 impugned in this writ petition.
5. The writ petitioner is entitled for the subsistence allowance and revocation of suspension at this point of time does not arise in view of the fact that the allegation against the writ petitioner is regarding the demand of bribe and a criminal case was also registered under the Prevention of Corruption Act.
6. In view of this, no further consideration needs to be shown on the grounds raised in this writ petition. Accordingly, the writ petition stands dismissed. However, there is no order as to costs. Consequently, connected miscellaneous petitions are closed. 31.07.2017 kak Index : Yes/No Internet : Yes/No Speaking/Non Speaking order To
1. The Deputy Inspector General of Police, Vellore Range, Vellore District.
2. The Superintendent of Police, Tiruvannamalai District.
3. The Inspector of Police, Vigilance and Anti Corruption Department, Tiruvannamalai District.
S.M.SUBRAMANIAM,J.
kak W.P.No.6029 of 2017 31.07.2017
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Title

D.Elumalai vs The Deputy Inspector General Of ...

Court

Madras High Court

JudgmentDate
31 July, 2017