The Madras High Court has modified the dismissal order issued by the Tamil Nadu Electricity Board to an employee for allegedly taking bribe in 2005, to that of compulsory retirement and directed it to pay all service benefits for which he is entitled to.
Justice R Suresh Kumar recently modified the dismissal order, partly allowing a petition filed by PV Sivaguru challenging the dismissal order.
Referring to various Supreme Court and High Court judgments, the judge said though initially the criminal case registered against the petitioner ended in conviction, ultimately it was reversed and he was set free by this court in 2015.
Earlier, when the matter came up before the court, it had held that the demand for bribe and the acceptance by the petitioner were not proved, the judge noted.
He further said "When there is a categorical finding of this nature by this court in the criminal appeal, the same can be pressed into service in respect of the present case where the petitioner is challenging the departmental proceedings and its ultimate order of dismissal."
The petitioner had submitted that he had joined the service in the department in 1967 and worked as an Assistant Executive Engineer.
A trap was set up on September 5, 2000, he alleged.
Later, a criminal case was registered against him which had ended in his conviction by the trial court but subsequently got reversed by the orders of the High Court on the criminal appeal filed by him, he said.
The petitioner was acquitted of the charges as not proved by the prosecution.
But, following the departmental proceedings initiated against him, a dismissal order was passed in May 2005 which was challenged by the petitioner.
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