W.P.No.3924 of 2015

S.M.SUBRAMANIAM.J.,

After hearing the arguments of the learned counsel appearing on behalf of the petitioner, this Court found that based on the fake complaint, the petitioner who was holding the post of Additional Director General, Directorate of Revenue Intelligence, was penalised. In order to protect the offenders, an upright official was penalised and he faced criminal proceedings for long time.

2.The findings of the Criminal Court of law reveals that the complaint itself was fake and the prosecuting officials could not produce important witnesses and thus the Court made certain serious remarks on this. However, it is brought to the notice of  this Court that the petitioner has already filed a petition under  Section 340 of the Code of Criminal Procedure which is now pending on the file of the Court of XIII Additional Special Judge for CBI cases, Chennai. Since the petitioner has already filed a petition, this Court is of the considered opinion that the said petition is to be pursued in the manner known to law.

3.The XIII Additional Special Judge for CBI cases, Chennai, is directed to consider the application pending and dispose of the same and pass orders on merits and in accordance with law within a period of 4 weeks from the date of receipt of a copy of this order. The registry is directed to communicate a copy of this interim order to the XIII Additional Special Judge for CBI cases, Chennai.

4.The petitioner was honourably acquitted in the criminal proceedings and he was victimised for having been functioned as an upright officer. Accordingly, the respondents 1 and 2 are directed to settle all the pensionary and terminal benefits due to the writ petitioner as well as the pension arrears and other consequential monetary benefits immediately if not already settled.

5.All other grounds raised by the petitioner are to be considered after disposal of the petition by the CBI Court.  Post the matter for further consideration on 06.06.2023.

21.04.2023 (sha)

S.M.SUBRAMANIAM.J.,

(Sha)

W.P.No.3924 of 2015

1. 21.04.2023