Madras High Court: A Bench of Dr S. Vimala, J. addressed a writ petition in which it was stated that petitioner was charged with corruption and put on suspension for which no order has yet been passed in a period of 9 years.
The petitioner in the present case was working in TANGEDCO and was placed under suspension on charges of corruption. For the said charge, a criminal case was filed but after a lapse of even more than 9 years, no order has been passed by the respondents and the grievance of the petitioner for the said issue is that his suspension is prolonged for which he has made a representation seeking to reinstate him in service.
Learned Counsel for the petitioner Mr Ravi Anantha Padmanaban contended that the prolonged suspension was against the decision of the Supreme Court in Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291, which held that:
“Currency of a suspension order should not extend beyond 3 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 suspension”.
Thus, the High Court on perusal of records and the decision of the Supreme Court placed above held that the order of suspension be revoked and the respondents were directed to reinstate the petitioner in service and post him in any non-sensitive post. The petition was disposed of accordingly. [S.P. Chandrasekar v. TANGEDCO, 2018 SCC OnLine Mad 3607, Order dated 04-12-2018]
An employee is out of judicial custody after spending more than 48 hours and reinstated in the service, post suspension. How the period of suspension can be treated/regularized at the stage when the case is subjudiced? Please support with documentary evidence.
As per my case i suspended on 10/01/2014 reinsted on 19/08/2015.now my Acb judicial proceedings and DE pending
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most of suspensions are either with malafide intentions or as a part of criminal conspiracy ,so tthis issue should be tackled
with utmost seriousness
Supreme court’s case law for (1) “Pending finalization of ACB appeal in the High Court, reinstatement to duty until the final verdict of High Court”, (2) case law for “Provisions for filing Writ petition for review of ACB appeal for simultaneous Final Hearing in the High Court”, (3) “Provisions for filing Writ petition to give a direction to the Government for withdrawal of the false cases by departmental enquiry on the basis of appeals grounds which are pending finalization of appeals in the High Court. Please see the provisions for the above 3 matters.
Army also attaches officers to other units suspending him and then take months to serve Tentative Charge Sheet. This is also illegal.