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January 4, 1999

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Haribhasker will face inquiry, trial simultaneously

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The Madras bench of the Central Administrative Tribunal today dismissed an application filed by former Tamil Nadu chief secretary N Haribhasker, seeking to defer the departmental inquiry initiated against him till the completion of the criminal proceedings in the Meena Advertisers case.

All-India Anna Dravida Munnetra Kazhagam chief J Jayalalitha is the prime accused in the case.

The bench comprising vice-chairman K S Bhaktavachalam and administrative member P N Bahadur dismissed the application and held that the departmental inquiry would not be prejudicial to the applicant in his trial in the criminal proceedings.

Haribhasker was suspended in May 1996 on charges of misconduct when he was chief secretary (from 1994 to 1996).

Two of the charges related to the waiver of Rs 20 million due to the government from Meena Advertisers who had been engaged for publicity for the South Asian Games.

The applicant contended that as the Directorate of Vigilance and Anti-Corruption had registered a first information report for the same offences, the departmental inquiry should be deferred till the criminal proceedings were completed.

The bench said it was well settled in law that there was no bar on simultaneously initiating criminal and departmental proceedings. The Supreme Court had held that departmental inquiries are not meant to punish the guilty but to keep the administrative machinery unsullied by getting rid of bad elements.

The bench said it was open to the applicant to raise his contentions before the inquiry authority.

UNI

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