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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Ravindra V. Ghuge, Ashwin D. Bhobe, JJ
Yogesh Kashinath Patil – Appellant
Versus
SGV and SSPS Arts, Commerce and Science College – Respondent
JUDGMENT :
(Per Ravindra V Ghuge, J.)
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The Petitioner has put forth prayer clauses a, b, c, and d, as under:-
“a. By an appropriate Writ direction or the order of the Hon’ble Court, the letter dated 16/08/2024 and 12/09/2024 (annexed to the present Writ petition at Exh ‘E’ and Exh. ‘F’ respectively) issued by the Chairman of the Respondent no. 2 Trust be declared to be illegal, null and void, and be quashed and set aside and the Petitioner be reinstated on the post which she was removed.
b. By an appropriate writ direction order Hon’ble Court, the Respondent no. 3 and 5 be directed to take appropriate action against the Respondent no. 6 for issuing the said communications/letter dated 16/08/2024 and 12/09/2024 upon the Petitioner and illegally suspending the Petitioner from the post on which she was appointed with Respondent no.1 Institution.
c. Pending the hearing and final disposal of the present petition, the effect execution and implementation of the said letters/communication dated 16/08/2024 so also the latest of communication dated 12/09/2024 (annexed to the present Writ petition at Exh. ‘E’
Suspension of an employee without initiating disciplinary proceedings is unlawful and violates due process rights.
Point of law: In cases involving embezzlement of money, it is advisable that the concern employee is kept out so that they may not be able to perpetrate any further mischief.
Suspension of an employee must be justified, timely disciplinary proceedings initiated, and clear guidelines followed to prevent undue influence and ensure efficiency.
Suspension during disciplinary proceedings must not be punitive; it should protect evidence and ensure timely proceedings, with strict adherence to defined timelines for action.
Suspension of a government servant must be based on serious allegations and objective consideration, with documented reasoning to prevent arbitrariness.
Suspension cannot be used as a punitive measure absent timely charges; undue delay undermines justice.
The suspension pending enquiry is not an order of punishment but an interim measure to facilitate the enquiry and ensure smooth disposal of proceedings.
Service matter - Suspension order quashed - If suspension order is passed without contemplation or pending departmental enquiry, is absolutely illegal and unwarranted.
The main legal point established is that suspension orders should not foreclose the outcome of pending disciplinary enquiries and should not be used to scuttle employees' voices.
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