Anbu Selvam.M v. The Divisional Engineer(High Ways)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH M.Anbu Selvam

...Petitioner

Vs.

The Divisional Engineer (High Ways), Construction & Maintenance, Madurai.

... Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records in Memorandum No.13/2020/Aa2/dated 08.09.2020 on the file of the respondent and quash the same. Consequently, direct the respondent to revoke the order of suspension dated 17.10.2019. For Petitioner : Mr.S.Kumar For Respondent : Mr.P.Mahendran Additional Government Pleader

O R D E R

The petitioner, while serving as Gang Mazoor under the respondent, was placed under suspension by the respondent herein, through an order dated 17.10.2019, which is impugned in the present writ petition.

2. The guidelines governing a Government employee to be kept under prolonged suspension, has been dealt with the Hon'ble Supreme Court in 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.

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 his prolonged suspension of 11⁄4 year. Apparently, the suspension cannot unjustifiably prolonged, except in accordance with the mandated guidelines as held in the Ajay Kumar Choudhary's case (supra).

In this background, if the petitioner is granted liberty to make a representation for revocation of his suspension order to the respondent with the consequential direction to consider such representation within a stipulated time, the ends of justice could be secured. 4.In the light of the above observations, the petitioner is granted liberty to make a representation to the respondent for revocation of his suspension order and on receipt of such representation, the respondent herein shall consider the same 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. However, there shall be no order as to costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To The Divisional Engineer (High Ways), Construction & Maintenance, Madurai 2/3

+1 CC to M/s.SPL GP ( SR-11000[F] dated 15/03/2021 ) 12.03.2021 MJ(CO) KB(13.05.2021) 3P 3C 3/3