HC quashes suspension of agriculture officer

The Madras High Court Bench here has quashed an order passed by the Agriculture Secretary, suspending from service an Assistant Director of Agriculture accused of misappropriating Rs.1.33 crore by selling away urea and Di-ammonium Phosphate (DAP), subsidised fertilizers meant for farmers, at commercial rates to various industries.

Justice T. Raja set aside the suspension order on the ground that the High Court had, in another case filed by petitioner B. Meenakshi Sundaram, quashed a charge sheet filed against him under Sections 406 (criminal breach of trust by public servant), 420 (cheating) and 120B (criminal conspiracy) of the Indian Penal Code for want of evidence.

He pointed out that the State had preferred an appeal before the Supreme Court challenging the quashing of the charge sheet but it was yet to be listed for hearing.

Further, though the offence had come to light way back in 2011 and the official was suspended immediately, the department had not issued a charge memo till date for initiating disciplinary proceedings against him.

“Therefore, the impugned order of suspension passed against the petitioner has to necessarily fall to the ground. Admittedly, the criminal case (which was cited as a reason for the passing of the suspension order) registered against the petitioner is no longer in existence and till date no departmental proceedings had been initiated against the petitioner,” the Judge added.

He agreed with petitioner’s counsel K.P.S. Palanivelrajan that his client was also entitled to other benefits, including promotion, since he had been exonerated honourably by the High Court from all charges and rejected the objection raised by Additional Government Pleader (AGP) T.S. Mohammed Mohideen who relied upon the appeal filed in the apex court.

According to the AGP, the petitioner was serving as an Assistant Director (Quality Control) in the office of Joint Director of Agriculture in Tiruchi when the alleged offence took place.

Then, he had reportedly passed orders, without any authority, to supply several tonnes of urea and DAP worth Rs.2.41 crore to different institutions and thereby misappropriated Rs.1.33 crore.