2026:MHC:1859WP(MD)No.21281 of 2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 27.02.2026

DELIVERED ON : 03.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

WP(MD)No.21281 of 2024

and

WMP(MD)No.18004 of 2024

R.Ponnudurai : Petitioner

Vs.

1.The Chief Engineer,

Agricultural Engineering Department,

487, Anna Salai,

Nandhanam,

Chennai.

2.The Director,

Department of Geology and Mining,

Chennai.

3.The District Collector,

Tirunelveli. : Respondents

[R.2, R.3 suo-motu impleaded vide order dated 05.01.2026]

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WP(MD)No.21281 of 2024

PRAYER: Petition filed under Article 226 of the Constitution of India

seeking issuance of a Writ of Certiorarified Mandamus calling for the

records of the first respondent in DC.3/29109/2022 dated 06.08.2024,

quash the same and consequently, directing the first respondent to

reinstate the petitioner in service at once.

For Petitioner: Mr.P.Ganapathi Subramanian

For Respondents: Mr.C.Venkatesh Kumar,

Special Government Pleader

*****

ORDER

The petitioner, presently serving as an Assistant Engineer in the

Agricultural Engineering Department, has been placed under

suspension by the respondents on 12.07.2022 under Rule 17(e)(2) of the

Tamil Nadu Civil Services (Discipline and Appeal) Rules, pursuant to

his arrest on 05.07.2022 by the Tirunelveli CB-CID in Crime No.2 of 2021.

The petitioner has submitted a representation on 29.02.2024 to revoke the

suspension, but the same was rejected by the first respondent / Chief

Engineer by the impugned order dated 06.08.2024 by referring to the

instructions issued by the State government vide G.O (Ms)No.81,

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WP(MD)No.21281 of 2024

Human Resources Management (N) Department, dated 04.08.2022.

Aggrieved over the same, the petitioner has filed this writ petition.

2.Learned Counsel appearing for the petitioner submitted that the

petitioner was arrested on 05.07.2022 in connection with the case in

Crime No.2 of 2021 on the file of CB-CID, Tirunelveli, on the allegation

that the petitioner, while serving as Assistant Executive Engineer, has

helped the other accused to engage in illegal sand mining. A charge

memo was issued as against the petitioner by the Department, based on

the alleged confession statement recorded by the investigation agency

while arresting this petitioner on 05.07.2022. As per the charges, the

petitioner approved the construction of farm ponds against the

prevailing guidelines and facilitated illegal sand mining. Pursuant to the

same, an enquiry was conducted by appointing an Enquiry Officer and

the petitioner was found guilty of 8 charges by proceedings dated

11.04.2022. He was imposed with a punishment of stoppage of increment

for one year with cumulative effect and was directed to compensate 50%

of the loss caused by him under Charge No.5 to an extent of Rs.

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WP(MD)No.21281 of 2024

3,50,000/-, by deducting Rs.25,000/- per month from his salary for a

period of 14 months.

3.It is submitted by the learned Counsel appearing for the

petitioner that even after the conclusion of the enquiry and imposition of

punishment, the suspension order has not been revoked till date and

therefore, the petitioner has submitted a representation to revoke the

suspension order on 29.02.2024. This Court, by its order dated 26.03.2024

in WP(MD)No.6596 of 2024, has also issued a direction to the first

respondent to consider the representation of this petitioner within a

stipulated time. Thereafter, the impugned order has been passed,

rejecting the request for revoking his suspension.

4.According to the learned Counsel appearing for the petitioner,

the petitioner is innocent. He further submitted that the first accused is

said to have committed the illegal quarrying of sand from the lands in

between 28.03.2020 and 10.07.2020 during the COVID-19 period.

However, the construction of the farm pond was completed as early as

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WP(MD)No.21281 of 2024

on 26.12.2019 and the petitioner has not granted any permission for

transport of sand. The Agricultural Engineering Department only

extends financial support for construction of farm ponds and is not

directly involved in the construction process. Further, he submitted that

the Executive Engineer, Tirunelveli who had surveyed the lands, where

the farm ponds were constructed, has submitted a report that the

Agricultural Engineering Department had no role in the illegal sand

mining. Therefore, the petitioner has been unnecessarily roped in as an

accused.

5.He further submitted that apart from this petitioner, another

officer, by name, Kalaimuhil, Assistant Engineer, Agricultural

Engineering Department has been added as an accused. However, she

obtained anticipatory bail and she was not suspended from service. This

petitioner alone has been suspended and kept under suspension for the

past four years. He also pointed out that the main allegations are against

the Assistant Director of Mines, S.Safiya, who was added as an accused

in the criminal case. She was also arrested and released on bail.

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WP(MD)No.21281 of 2024

However, her order of suspension has been revoked in four months and

she was allowed to continue in her work and that the petitioner alone

has been victimised for no fault of his.

6.On the other hand, learned Special Government Pleader

appearing for the first respondent submitted that the revocation of

suspension has been considered, taking into account the serious

allegations made as against the petitioner and the pendency of the

investigation in Crime No.2 of 2021 on the file of the CBCID, Tirunelveli.

The petitioner has sought to review his suspension as per G.O.(Ms) No.

40, Personnel and Administrative Reforms (N) Department, dated

30.01.1996 and the letter of the Personnel and Administrative Reforms

(N) Department in 13519/N/2015-1, dated 23.07.2015. However, the

above orders have been superseded by the Government by issuing G.O.

(Ms) No.81, Human Resources Management (N) Department dated

04.08.2022. Therefore, based on these guidelines, the first respondent has

rejected the representation of the petitioner seeking revocation of

suspension and hence, this writ petition is liable to be dismissed.

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7.This Court considered the rival submissions made and perused

the materials.

8.The petitioner, an Assistant Engineer in the Agricultural

Engineering Department, has been placed under suspension on

12.07.2022, pursuant to his arrest on 05.07.2022 in connection with the

case in Crime No.2 of 2021 on the file of the CB-CID, Tirunelveli. The

allegations against this petitioner pertain to the period when he was

serving as Assistant Executive Engineer at Cheranmahadevi and he was

issued with a charge memo containing the following charges:-

(1)The petitioner has issued work orders for the

construction of farm ponds not on farm land but on nearby

survey numbers which is against the regulations of the farm

pond scheme.

(2)The petitioner has issued work orders for the

construction of farm ponds on plantations and lands owned by

private companies which is against the farm pond scheme

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regulations.

(3)The farm ponds created under the supervision of the

petitioner were deeper in depth than what is required for farm

ponds.

(4)The petitioner has modified pages and records on the

measurement book against the government regulations.

(5)The petitioner has established 5 farm ponds on lands

without any water sources and these farm ponds were not used

for agricultural activities. Hence, a loss of Rs.7,00,000/- which

was incurred for construction of the farm ponds was caused to

the government.

(6)The petitioner has prepared measurement book

without the sign of the Assistant Executive Engineer which is

against Department Regulations.

(7)The photo of the work site was not attached when

request for work approval was made and the petitioner has

granted approval without verifying the same.

(8)The petitioner has not acted with honesty and integrity

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which is expected from a government officer and violated Rule

20(1) of the Government Servants Conduct Rules 1973.

9.Thereafter, an enquiry was conducted and the enquiry officer has

concluded that the charges were proved as against the petitioner.

Therefore, punishment was imposed on the petitioner. However, the

suspension has not been revoked on the ground of pendency of the

criminal case, which is registered as against him and on the instructions

issued by the Government in G.O (Ms)No.81, Human Resources

Management (N) Department, dated 04.08.2022.

10.The case in Crime No.2 of 2021 on the file of the CBCID,

Tirunelveli, was originally registered on the file of the Kallidaikurichi

Police Station as Crime No.417 of 2020 that one Manuvel George was

misusing the quarrying licence granted to him and was engaging in

illicit sand theft. Thereafter, WP(MD)Nos.11057 and 15312 of 2020 were

filed before this Court seeking action on the same and the transfer of

investigation, respectively. Considering the sensitivity and seriousness

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WP(MD)No.21281 of 2024

of the issue and also the involvement of several government officials,

including Revenue, Police and Mining Officials in illegal mining activity,

a Division Bench of this Court by order dated 20.07.2021 transferred the

investigation to the CB-CID. Thereafter, the CB-CID, Tirunelveli has

registered an FIR in Crime No.2 of 2021 and took over the investigation.

11.This Court by its order dated 05.01.2026, has impleaded the

Director of Geology and Mining and the District Collector, Tirunelveli,

as parties to the proceedings and verified regarding the stage of the

investigation in Crime No.2 of 2021 and also regarding the action taken

as against the other erring officials.

12.Learned Special Government Pleader representing the District

Collector has stated that the investigation in Crime No.2 of 2021 on the

file of the CB-CID, Tirunelveli, was concluded on 29.07.2025 and also

produced a copy of the final report before this Court. The report of the

Director of Geology and Mining, dated 10.02.2026, regarding the action

taken as against the erring officials is also placed before this Court.

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13.A perusal of the final report reveals that the first accused, a

resident of Kerala, has obtained M-sand stock yard licence and transport

permit with the help of officials from the Geology and Mining

Department. The first accused has dug up bogus farm ponds at various

survey numbers in South Kallidaikurichi without obtaining any

permission from the concerned authorities and also dug up

unauthorised pits on other survey numbers. Thereafter, the sand dug up

for such bogus farm ponds and pits has been illegally transported to the

State of Kerala using the M-sand permits with the connivance of the

other accused and officials.

14.The petitioner is shown as Accused No.21 and the final report

has been filed as against him that while serving as Assistant Executive

Engineer (Agricultural Engineering Department) at Cheranmahadevi, he

has granted permission for constructing farm ponds under the NABARD

Scheme, against the prevailing guidelines. Further, the permission to

construct farm ponds was knowingly issued by the petitioner, on the

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basis of fake and bogus applications without conducting any verification

or field inspection. Therefore, he has aided the other accused to engage

in illegal sand mining by misusing the farm pond scheme introduced by

the government.

15.Apart from this petitioner, the CB-CID, Tirunelveli has filed the

final report as against the Assistant Engineer of the Agricultural

Engineering Department, one Kalaimuhil on similar charges. The CB-

CID has also filed the final report as against one S.Safiya, the Assistant

Director of Geology and Mining, Tirunelveli, along with her husband,

Accused No.12, that she helped the first accused to engage in illicit sand

theft by granting permission to store M-sand in stock yard for 5 years

and illegally issued transport permits for transporting M-sand without

verifying the M-sand units and surrender pass. Her husband, one

Sameer @ Sayed Sameer, has been added as Accused No.12 that he acted

as a broker at the Geology and Mining Department, Tirunelveli and has

facilitated sand theft by inducing his wife to issue permits.

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16.Sand mining by private individuals is prohibited in the State of

Tamil Nadu with effect from 2003 under Rule 38-A of the Tamil Nadu

Minor Mineral Concession Rules 1959. As per this rule, the right to

exploit sand in the State is vested with the State Government alone to the

exclusion of others. However, in this case, a person from Kerala has

taken sand illegally from the banks of River Thamiraibarani and has

illegally transported the same in the name of M-sand to the State of

Kerala. The first accused has committed this offence with the connivance

of the officials. The petitioner and other accused from the Agricultural

Engineering Department have also facilitated the crime by issuing work

orders for constructing bogus farm ponds in order to legalise the mining

operations without even ascertaining the survey numbers and the nature

of land.

17.A farm pond is a small water harvesting structure created either

by excavating land or by constructing a small embankment across a

natural waterway to collect and store rainwater and surface run-off from

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a localised catchment area. The primary object of constructing such farm

ponds is to provide a reliable source of irrigation during dry spells and

drought conditions. They function as small catchment systems that

improves groundwater storage and raise the water table in dry land

areas. They provide irrigation to standing crops during critical stages of

cultivation and reduce crop losses and improve agricultural

productivity. In addition to supporting farming activities, farm ponds

can also be used for fish culture and provide an additional source of

income to farmers. Therefore, the role of the officers of Agricultural

Engineering Department is to identify suitable lands for constructing

these farm ponds. They have to verify whether there is a catchment area

for the storage of water, whether agricultural activity is being carried out

on the land and whether there is a surface run off from which water can

be collected in the farm ponds. However, in this case, under the guise of

constructing farm ponds, illegal mining was carried out and bogus farm

ponds were constructed in order to justify the quarrying operation. The

petitioner has issued work orders to construct farm ponds on private

plantations and non-agricultural lands which is against the object of the

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farm pond scheme and fake applications were made for constructing

farm ponds and without even verifying the same, permission was

granted by the petitioner.

18.In fact, a charge memo was issued as against this petitioner on

18.09.2020 that he has issued work orders for the construction of bogus

farm ponds against the regulations of the farm pond scheme. The

enquiry officer found that the eight charges were proved and the

petitioner was imposed with a punishment of stoppage of increment for

one year with cumulative effect and was directed to compensate 50% of

the loss caused by him under Charge No.5 to an extent of Rs.3,50,000/-,

by deducting Rs.25,000/- per month from his salary for a period of 14

months. The petitioner has not preferred any appeal against the same

and therefore, the order of punishment became final.

19.The investigation agency has now filed a final report as against

this petitioner alleging that work orders to construct farm ponds was

knowingly issued by the petitioner on the basis of completely fake and

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bogus applications and the petitioner did not verify the same or conduct

field inspection. Therefore, he has enabled the other accused to misuse

the farm pond scheme introduced by the government to engage in illegal

sand mining.

20.The charge memo was issued to this petitioner on technical

grounds based on the confession statement that was recorded by the

investigation agency during his arrest. Thereafter, more materials have

been collected by the investigation agency during their investigation and

the same needs to be appreciated. The first respondent has rejected the

petitioner's request for revocation of suspension by referring to the

guidelines issued by the Government vide G.O (Ms)No.81, Human

Resources Management (N) Department, dated 04.08.2022, wherein, the

Government has clarified that time limits regarding suspension shall not

apply to employees against whom criminal proceedings are pending and

that revocation of suspension shall be decided depending on the facts of

each case. Therefore, this Court does not find fault with the impugned

order.

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21.At the same time, the petitioner cannot be kept under

suspension indefinitely without extracting any work from him. Since the

final report has been filed by the investigation agency in Crime No.2 of

2021, the concerned authority from the first respondent shall scrutinise

the allegations in the final report of the CB-CID as against this petitioner

and in the event, if any of the charges needs to be addressed by initiating

further disciplinary proceedings, the same shall be undertaken by the

concerned authority. Otherwise, the suspension of the petitioner may be

revoked and he may be placed in any of the non- sensitive post after

consultation with the investigating agency pending the outcome of the

criminal case, which is also allowed as per G.O (Ms)No.81, Human

Resources Management (N) Department, dated 04.08.2022.

22.Since similar allegations have also been made as against one

Kalaimuhil who was serving as Assistant Engineer, Agricultural

Engineering Department at the time of commission of the offence and

she has been added as Accused No.22 in the final report, the concerned

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WP(MD)No.21281 of 2024

authority from the first respondent shall undertake a similar exercise

with regard to this officer also and initiate further disciplinary

proceedings against her, if necessary.

23.Further, it appears that the Geology and Mining Department

has revoked the suspension as against one S.Safiya, Accused No.20, who

was serving as Assistant Director, Geology and Mining, Tirunelveli at

the time of the offence. In fact, a charge memo has been issued to this

officer on 16.05.2025 and the contents of the charges are extracted in brief

for reference:

(1)That S.Safiya while serving as Assistant Director,

Geology and Mining, Tirunelveli failed to inspect, supervise

and check measurements against the huge quantity of sand

quarried in the name of construction of farm ponds in Survey

Nos.833, 844, 845, 846/6, 848 and 849 and unauthorised pits

dug on Survey Nos.843 and 846/6. Therefore, illegal extraction

of 35,163.98m

3

and disposal of 27,723.66m

3

of sand was not

curtailed resulting in a loss of Rs.7,89,31,308/- to the

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WP(MD)No.21281 of 2024

government.

(2)That S.Safiya failed to inspect and curtail illegal sand

mining but instead issued permits for the transportation of M-

sand without any verification of whether the M-sand unit had

obtained necessary statutory approvals. As a result, a loss of Rs.

1,67,90,270/- was casued to the government.

(3)That S.Safiya failed to inspect illegal quarrying

activities and issued transit pass to the illegally quarried sand

and gravel resulting in loss of Rs.9,57,21,578/- to the

government.

(4)That S.Safiya failed to maintain absolute integrity and

devotion as required under Rule 20(1) of the Tamil Nadu

Government Servants Conduct Rules 1973.

24.Therefore, it appears that this officer has played a major role in

the commission of offence while she was serving as Assistant Director,

Geology and Mining, Tirunelveli in connivance with her husband,

Accused No.12. She was placed under suspension pursuant to her arrest

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vide GO.(D) No.32, Industries (E.1) Department dated 13.04.2022.

However, the suspension was revoked vide GO.(D) No.1, Industries,

Investment Promotion and Commerce (E.1) Department dated

02.01.2023 without prejudice to the criminal case pending as against her.

Even though the charge memo was issued on 16.05.2025 itself and the

required documents were provided to the officer on 12.01.2026, the

officer has not provided an explanation till date and therefore, the

enquiry has not commenced yet. It also appears that this officer is

presently serving as Assistant Director, Geology and Mining,

Kancheepuram.

25.This episode clearly shows the manner in which the offenders

are escaping accountability and punishment for their actions. Such

slackness in initiating disciplinary proceedings and taking action as

against the erring officials would only embolden the other officials to

indulge in such activities. The reputation of the department depends on

the integrity of its officers and even one drop of poison would spoil an

entire tank of water. Therefore, the Director of Geology and Mining /

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second respondent shall look into this issue and ensure that the enquiry

pending as against this officer is completed at the earliest.

26.This case creates an impression that anything can be achieved

with ill gotten money without any serious consequence. It is for the

higher officials concerned to correct this notion and protect the integrity

of the department. Since the final report has been filed, the CB-CID,

which has conducted the investigation in an effective manner, shall

ensure the conclusion of the trial at the earliest.

With the above directions, this writ petition is disposed of. No

costs. Consequently, connected miscellaneous petition is closed.

Internet: Yes 03.06.2026

gk

Note:

Mark a copy of this order to

The Deputy Superintendent of Police,

CB - CID, Tirunelveli.

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WP(MD)No.21281 of 2024

B.PUGALENDHI, J.

gk

To

1.The Chief Engineer,

Agricultural Engineering Department,

487, Anna Salai,

Nandhanam,

Chennai.

2.The Director,

Department of Geology and Mining,

Chennai.

3.The District Collector,

Tirunelveli.

WP(MD)No.21281 of 2024

03.06.2026

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