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Madras High CourtWP/5188/2020disposed of

M.Gomathy v. The District Collector

2021-07-23Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 23.07.2021

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.5188 of 2020 and W.M.P.No.6125 of 2020 M.Gomathy ...

Petitioner Vs The District Collector Chennai District Chennai - 600 001.

...

Respondent PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the respondent relating to the suspension order vide his proceeding Pro. No. A4 / 398 / 2020 dated 05.01.2020 passed by the First Respondent quash the same and to issue consequential directions to reinstate the petitioner into service as Headquarters Deputy Tahsildar in the same station.

For Petitioner : Mr.J.Muthukumaran For Respondent : Mr.K.V.Sajeev Kumar, Government Advocate

O R D E R

The petitioner, while serving as Deputy Tahsildar, was placed under suspension, through an order dated 05.01.2020, which is impugned in the present writ petition. The petitioner's representation dated 03.02.2020 seeking for revocation of her suspension was not considered by the respondent and hence, the present writ petition.

2. The guidelines governing a Government employee to be kept under prolonged suspension, has been dealt with by the Hon'ble Supreme Court in the case of Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291 at page 303, in the following manner:- "21.We, therefore, direct that the currency of a suspension order should not extend beyond three months if within this period the memorandum of charges/charge-sheet is not served on the delinquent officer/employee; if the memorandum of charges/charge-sheet is served, a reasoned order must be passed for the extension of the suspension. As in the case in hand, the

Government is free to transfer the person concerned to any department in any of its offices within or outside the State so as to sever any local or personal contact that he may have and which he may misuse for obstructing the investigation against him. The Government may also prohibit him from contacting any person, or handling records and documents till the stage of his having to prepare his defence. We think this will adequately safeguard the universally recognised principle of human dignity and the right to a speedy trial and shall also preserve the interest of the Government in the prosecution. We recognise that the previous Constitution Benches have been reluctant to quash proceedings on the grounds of delay, and to set time-limits to their duration.

However, the imposition of a limit on the period of suspension has not been discussed in prior case law, and would not be contrary to the interests of justice. Furthermore, the direction of the Central Vigilance Commission that pending a criminal investigation, departmental proceedings are to be held in abeyance stands superseded in view of the stand adopted by us."

3. The petitioner is aggrieved against her prolonged suspension. Apparently, the suspension cannot be unjustifiably prolonged, except in accordance with the mandated guidelines as held in the case of Ajay Kumar Choudhary's case (supra). In this background, it would be appropriate for the respondent to consider the petitioner's representation, seeking for revocation of his suspension.

4. Accordingly, there shall be a direction to the respondent herein to consider the petitioner's representation dated 03.02.2020, wherein the petitioner has sought for revocation of the suspension order passed by the respondent vide order dated 05.01.2020, in accordance with the decision of the Hon'ble Supreme Court in the case of Ajay Kumar Choudhary (supra), as expeditiously as possible, in any event, within a period of one week from the date of receipt of a copy this order.

5. The writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar

kst To The District Collector, Chennai District, Chennai 600 001.

+1cc to Mr.M.Gnana Sekar, Advocate SR.No. 35196 +1 cc to Government Pleader Sr.No. 35561 W.P.No.5188 of 2020 PMK(CO) B.VC(10.08.2021)