Justices M Sathyanarayanan and P Rajamanickam made it clear that the concerned authorities will be liable for criminal prosecution if any accident takes place and causes grievous injuries or death till the effective and proper repairing or relaying work is carried out.

CITY
Court summons SH official for pathetic condition of road
TNN | Sep 7, 2020, 04:57 IST
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Madurai: Observing that the state highways authorities had shown lack of sensitivity towards the bad condition of the road between Sathankulam and Tiruchendur, Madras high court directed the Tuticorin district divisional engineer of the state highways department to appear before it through video conferencing.
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The court was hearing a public interest litigation filed by A Allwin Asir Jebaraj, a resident of Semmarikulam village who sought to relay the road stretch between Sathankulam and Tiruchendur.
He said RTI information showed that the stretch is to be converted to national highway due to which no maintenance works were being carried out. The stretch is full of potholes that it resembles a place on the moon or Mars.

The additional government pleader submitted that a tender was quoted recently to relay the road. A division bench of Justices M Sathyanarayanan and P Rajamanickam made it clear that the concerned authorities will be liable for criminal prosecution if any accident takes place and causes grievous injuries or death till the effective and proper repairing or relaying work is carried out.
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The judges suo motu impleaded the principal secretary of the highways and minor ports department as respondent while directing the divisional engineer to file a counter affidavit with documents and photographs, and adjourned the case to September 22.
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CITY
HC okays dept proceedings against cop cleared by court
Kaushik Kannan | TNN | Sep 7, 2020, 04:56 IST
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Madurai: Madras high court has directed the authorities to conclude the departmental proceedings against a police official suspended 16 years ago on corruption charges within three months. Though the official was acquitted by a criminal court, the high court observed that the decree of proof between the criminal case and departmental proceedings is different.
Petitioner R Suresh Kumar, a sub-inspector of police in the prohibition and enforcement wing in Trichy, was placed under suspension in 2004 as a criminal case was registered against him by DVAC officials under Prevention of Corruption Act. After nearly 13 years, in 2017, he was acquitted by the trial court. Subsequently, he submitted a representation in 2018 seeking reinstatement. However, the authorities decided to initiate disciplinary proceedings against him on charges identical to the ones framed in the criminal case and issued a charge memo in 2019. The petitioner challenged this and moved the HC Madurai bench seeking to revoke his suspension order too.
Justice R Suresh Kumar observed that the petitioner’s counsel relied on the Police Standing Order (PSO) 67 which says that if an employee is acquitted by a criminal court, the department ordinarily should not go for disciplinary proceedings for the same charges and should reinstate the employee.
However, the judge observed that the word ‘ordinarily’ in the PSO means that it is not necessary that in every case the department shall accept the criminal court’s verdict and drop disciplinary proceedings.
The department may succeed in some cases by proving the guilt against the erring official by conducting a full-fledged inquiry. Holding that the suspension order and charge memo cannot be interfered with at this juncture, the judge said that the authorities can proceed with the disciplinary proceedings against the petitioner by awarding reasonable opportunity to him and complete the exercise within three months.
However, if the proceedings are not completed within this time, he shall not be kept under suspension.
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