M.Rajendran v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH and W.M.P.Nos.5715 & 5717 of 2023 M.Rajendran

...Petitioner

Vs The Thasildar, O/o.Chinna Salem Taluk, Kallakurichi District.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records on the file of the respondent in Ref.e.f.m3/1124/2019 dated 09.04.2019. For Petitioner : Mr.D.Bharathy For Respondent : Mr.R.U.Dinesh Raj Kumar, Additional Government Pleader

ORDER

With the consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself. 1/4

2. On the ground of prolonged suspension, the petitioner seeks for interference to the suspension order through the present Writ Petition.

3. The Hon'ble Supreme Court, in the case of Ajay Kumar Choudhary v. Union of India, reported in (2015) 7 SCC 291, had set certain guidelines with regard to prolonged suspension. On a reference made by me, the Hon'ble Full Bench of this Court, in the case of P.Kannan Vs. Commissioner of Municipal Administration and others reported in (2022) 2 CTC 353, had held that the judgement of the Apex Court, in the case of Ajay Kumar Choudhary (supra), does not lay down an absolute proposition of law that an order of suspension cannot be continued beyond the period of three months on the circumstances mentioned therein and that the order of suspension should be analysed on the facts of each case, considering the gravity of charges and the Rules applicable. It was further held that the revocation of the suspension with a direction to the employer to post the delinquent in a non-sensitive post, as held in Ajay Kumar Choudhary's case (supra), also cannot be endorsed or directed as a matter of course.

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4. In line with the orders passed by the Hon'ble Supreme Court, as well as the Hon'ble Full Bench of this Court, the Government, in G.O.(Ms) No.81, Human Resources Management (N) Department, dated 04.08.2022, had stipulated a compendium of instructions for review of suspension orders in matter which are pending enquiry into grave charges.

5. On consideration of these instructions in G.O.(Ms) No.81, this Court is of the view that the respondent herein could be directed to review the order of suspension, in accordance with the guidelines issued thereunder.

6. In the light of the above findings, the petitioner herein is granted liberty to give a fresh application, seeking for revocation of the suspension order and on receipt of the same, the respondent shall consider and review the order of suspension, in accordance with the instructions issued by the Government in G.O.(Ms).No.81, dated 04.08.2022, and pass appropriate orders, within a period of two weeks from the date of receipt of the said application. 3/4

M.S.RAMESH,J.

hvk

7. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 27.02.2023 Index:Yes/No Speaking order/Non-speaking order hvk To The Thasildar, O/o.Chinna Salem Taluk, Kallakurichi District.

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