The Tamil Nadu government on Wednesday submitted before the Madras High Court that the order of dismissal against an employee of the Directorate of Vigilance and Anti-Corruption will be withdrawn forthwith.
The Government Pleader (GP) made the submission when a contempt petition filed by the dismissed employee came up before the First Bench of Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam.
A. Sankar, who was removed from service in connection with the alleged leak of conversation between former Director of Vigilance and Anti-Corruption S.K. Upadhyay and the then Chief Secretary L.K. Tripathy, stated that Additional Director, DVAC, K. Thukkaiandi, should be punished for wilfully disobeying the orders of the High Court in November last year.
Treating the contempt petition as closed the Bench said that it was made clear in the earlier order that even after Mr. Sankar is acquitted or convicted on conclusion of the criminal case against him, the authorities may proceed against the petitioner departmentally.
Admittedly, the criminal case was yet to be concluded and before that, by ex-parte proceedings, the petitioner was removed from service. However, in the course of arguments, the Government Pleader had submitted that the dismissal order would be withdrawn forthwith.
Having regard to the stand taken by the GP, the Bench said it did not want to proceed any further in the matter. It held that the order of ex-parte dismissal was wholly illegal.
The Bench said the petitioner would remain suspended till the conclusion of the criminal case. After the criminal case ended, the authorities may proceed as per the liberty granted in the earlier order.
The Bench further directed that subsistence allowance should be paid to the petitioner as long as he was under suspension.