S.Senthilkumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and W.M.P.No.20958 of 2023 S.Senthilkumar .. Petitioner

Versus

1.The District Collector Tiruppur District 2.The District Revenue Officer Tiruppur .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records connected with the Rc.No.26897/2021/A3 dated 07.12.2021 passed by the 2nd respondent and quash the same and consequently direct the respondents to reinstate the petitioner into service.

For Petitioner : Mr.Ilamvaludhi For Respondents : Mr.E.Vedabagath Singh Special Government Pleader

ORDER

This writ petition has been filed challenging the suspension order issued by the second respondent as against the petitioner vide proceedings in Rc.No.26897/2021/A3 dated 07.12.2021, quash the same and consequently direct the respondents to reinstate the petitioner into service. 1/4

2. The case of the writ petitioner is that he was arrested in a trap case on 06.12.2021 and remanded to the custody and subsequently, he was released on bail on 20.12.2021. Pursuant to the charges framed under Prevention of Corruption Act, he was placed under suspension vide impugned proceedings dated 07.12.2021. Challenging the same, this writ petition.

3. It is the contention of the learned counsel for the petitioner that he is in prolonged suspension and in the criminal case, the charge sheet has not been filed. Therefore, seeks this Court to direct the respondent to consider revisiting the prolonged suspension.

4. Heard both sides and perused the materials placed on record. It is relevant to note that the Government has passed Government Order in G.O.Ms.No.81, Human Resources Management (N) Department dated 04.08.2022, wherein, Clause 11 (xi) reads as follows: "...(xi). In cases where the charge in the criminal case involves complicated questions of law and fact and the disciplinary authority is not in a position to finalise the departmental disciplinary proceeding and if the criminal case is based on the vigilance report and is pending before the Court of law for which no reasons are explained explicitly, the authority competent may take a decision by taking up review of suspension and post the Government Servant in a non sensitive place in consultation with the appropriate investigating authority/Vigilance Commission on case to case basis in view of 2/4

the reason that prolonged suspension and paying subsistence allowance for a long period without extracting work is not at all acceptable. Such revocation of suspension can be made based on the facts of each case and after noticing the reason for the delay in servicing the memorandum off charges/charge sheet. The decision of the Hon'ble High Court of Madras in P.Kannan case given in para 5 above shall be taken into account."

5. Considering the above guidelines issued by the Government, the petitioner who is also in prolonged suspension and the departmental proceedings is based on the facts of the criminal case, the disciplinary authorities may consider revisiting suspension as per the guidelines referred above and pass appropriate orders on merits within three months from the date of receipt of a copy of this Order.

6. Accordingly, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs. 21.07.2023 dhk Index:Yes/No Internet: Yes/No 3/4

N.SATHISH KUMAR, J.

dhk To 1.The District Collector Tiruppur District 2.The District Revenue Officer Tiruppur WP.No.21586 of 2023 21.07.2023 4/4