P.Albert Johnson, v. The Director Of Public Health
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH (Through Video Conference) P.Albert Johnson
...Petitioner
Vs.
1. The Director of Public Health and Preventive Medicine, Chennai 6
2. The Deputy Director of Health Service Department, Door No.105 Upstairs, Trivandrum Road Opposite, VOC Grounds, Tirunelveli 627 002.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned suspension order issued by the second respondent in his proceedings in Na.Ka.No.3363/A3/2017 dated 19.06.2017 and quash the same and consequently, direct the respondents to reinstate the petitioner by regularising the suspension period with all attendant and monetary benefits. For Petitioner : Mr.A.Gopal For Respondents : Mrs.J.Padmavathi Devi, Additional Government Pleader
O R D E R
The petitioner, while serving as Junior Assistant, was placed under suspension by the second respondent herein, through an order made in Na.Ka.No.3363/A3/2017 dated 19.06.2017, which is impugned in the present writ petition. The petitioner's representation dated 29.05.2018 seeking for revocation of his suspension was not considered by the respondents 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 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 his prolonged suspension of more than 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 respondentd to consider the petitioner's representation, seeking for revocation of his suspension.
4. Accordingly, a Writ of Mandamus is hereby issued with a direction to the respondents herein to consider the petitioner's representation dated 29.05.2018, wherein the petitioner has sought for revocation of the suspension order in Na.Ka.No.3363/A3/2017 dated 19.06.2017, 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 () // True Copy // / /2021 Sub Assistant Registrar(CS) 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
1. The Director of Public Health and Preventive Medicine, Chennai 6
2. The Deputy Director of Health Service Department, Door No.105 Upstairs, Trivandrum Road Opposite, VOC Grounds, Tirunelveli -627 002.
+1 CC to THE SPECIAL GOVERNMENT PLEADER(SR-2882[F] dated 02/02/2021) +1 CC to Mr.A.GOPAL, Advocate ( SR-2758[F] dated 02/02/2021 ) Order made in Dated:01.02.2021 KUN(CO) SRS (01/03/2021) 3P : 5C