P.Swarnalatha v. The Deputy Inspector General
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD) Nos.16411 to 16413 of 2018 (Through Video Conference) P.Swarnalatha, Women Inspector of Police (Under Suspension), Prohibition Enforcement Wing, Thirumangalam, Madurai District.
... Petitioner Vs The Deputy Inspector General of Police, Madurai Range, Madurai.
... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the suspension order C.No.A2/771/72/2018R.O.No.46/2018 dated 24.01.2018 passed by the Respondent and quash the same and consequently reinstate the petitioner forthwith and grant all the service, monetary and other attendant benefits for the suspension period within a time limit to be fixed by this Court. For Petitioner : Mr.A.Thirumurthy For Respondents : Mr.M.Muniyasamy, Additional Government Pleader
O R D E R
The petitioner, while serving as Women Inspector of Police, was placed under suspension by the respondent herein, through an order dated 24.01.2018, which is impugned in the present writ petition. The petitioner's representation dated 25.07.2018 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 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 1/3
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 of three years. 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, it would be appropriate for the respondent to consider the petitioner's representation, seeking for revocation of her suspension.
4. Accordingly, a Writ of Mandamus is hereby issued with a direction to the respondent herein to consider the petitioner's representation dated 25.07.2018, wherein the petitioner has sought for revocation of the suspension order in C.No.A2/771/72/2018R.O.No.46/2018 dated 24.01.2018, 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. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3
sts 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 Deputy Inspector General of Police, Madurai Range, Madurai.
+1 CC to M/s.A.THIRU MURTHY, Advocate ( SR-3021[F] dated 03/02/2021 ) +1 CC to M/s.A.THIRUMURTHY, Advocate ( SR-3866[F] dated 08/02/2021 ) +1 CC to M/s.GP ( SR-4268[F] dated 10/02/2021 ) Order made in Dated:
08.02.2021 CN(07.05.2021) 3P 5C 3/3