Court says ‘one drop of poison spoils tank’, slams lapses in TN sand mining scam action

Justice B Pugalendhi said that it is for the higher officials concerned to correct this notion and protect the integrity of the department in the illegal mining case. (Image enhanced using AI)

Anything can be achieved with ill gotten money

• 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.
• Justice Pugalendhi warned that delays and laxity in disciplinary action undermine public confidence and embolden wrongdoing.
• The director of geology and mining was directed to ensure that the pending enquiry against Safiya is completed at the earliest.

Engineer’s plea against suspension

Ponnudurai was suspended on July 12, 2022, shortly after his arrest by the CB-CID in a 2021 case that emerged from allegations of large-scale illegal sand mining in and around the Thamirabarani river basin.

The officer sought revocation of his suspension through a representation submitted in February 2024.

Although the high court had earlier directed authorities to consider his plea, the department rejected the request, citing government guidelines applicable to officials facing criminal proceedings.

Aggrieved by the decision, he moved the high court seeking reinstatement.

Allegations

The court noted that departmental proceedings against the officer had already concluded, and eight charges were found proved.

Among the allegations were approving farm ponds on non-agricultural lands, permitting works on plantations and private company properties in violation of scheme norms, maintaining defective records, authorising projects without proper verification and causing financial loss to the government.

Following the enquiry, authorities imposed a punishment of stoppage of increment for one year with cumulative effect and ordered recovery of Rs 3.5 lakh from him.

The punishment order was never challenged and therefore became final.

Bogus farm ponds allegedly became cover for sand mining

The judgment sheds light on what investigators describe as a sophisticated mechanism used to facilitate illegal sand extraction.

According to the CB-CID, a private person from Kerala allegedly exploited M-sand licences and transport permits to move illegally mined river sand.

Investigators claim that bogus farm ponds and unauthorised pits were dug in Tirunelveli district, and the excavated sand was transported to Kerala under the guise of legitimate operations.

The final report filed by the CB-CID names Ponnudurai as accused number 21.

Investigators allege that while serving as assistant executive engineer at Cheranmahadevi, he approved farm pond projects under the NABARD scheme on the basis of fake applications without conducting proper field inspections, thereby enabling illegal sand mining activities.

Court explains why allegations matter

• Justice Pugalendhi devoted considerable attention to explaining the purpose of farm ponds and why their alleged misuse was particularly serious.
• Farm ponds are meant to harvest rainwater, improve groundwater recharge, support irrigation during drought conditions and improve agricultural productivity.
• Agricultural engineering department officials are expected to identify suitable lands, verify water sources and ensure that the structures genuinely serve farming needs.
• However, the court noted that investigators found the scheme was allegedly misused to legitimise sand quarrying.
• “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 court said.

Court refuses immediate reinstatement

The high court ultimately upheld the department’s decision not to revoke the suspension.

Justice Pugalendhi pointed out that a government order, issued in August 2022, permits authorities to continue suspension in appropriate cases where criminal proceedings are pending.

Given the nature of the allegations and the pendency of criminal prosecution, the court found no reason to interfere with the decision.

Suspension can’t last forever

While rejecting the engineer‘s plea, the court also made it clear that suspension cannot become an endless punishment.

Since the CB-CID investigation has already concluded and a final report has been filed, the court directed the department to reassess the matter.

If further disciplinary proceedings are required, authorities must initiate them. If not, the government should consider revoking the suspension and posting the officer in a non-sensitive role after consulting the investigating agency.

“The petitioner cannot be kept under suspension indefinitely without extracting any work from him,” the judge said.

Court questions differential treatment of officials

One of the most striking aspects of the judgment is its scrutiny of the action taken against other officials implicated in the case.

The court directed authorities to examine the case of another agricultural engineering department official, Kalaimuhil, who was also named in the CB-CID final report.

The judge also expressed concern over the case of S Safiya, a former assistant director of geology and mining.

According to the judgment, Safiya was accused of failing to prevent illegal quarrying, issuing permits without proper verification and causing losses amounting to several crores of rupees to the government.

Despite being arrested and suspended, her suspension was revoked in January 2023 and she currently serves as assistant director of geology and mining in Kancheepuram.

The court noted that although a charge memo was issued against her in May 2025, the disciplinary enquiry had not even commenced.

Push for speedy trial

The high court also called upon the CB-CID to ensure the criminal case moves swiftly toward trial.

Praising the agency for completing the investigation and filing its final report, the court said the next priority must be ensuring a timely conclusion of the trial so that accountability is fixed through due process.

With those observations, the court disposed of the writ petition, but not before delivering a pointed reminder that public institutions cannot afford to appear indifferent when allegations of large-scale illegal mining and official complicity are under scrutiny.