1995 Supreme(Mad) 821
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE SRINIVASAN
R. Shanmugham - Appellant
Versus
Tamilnadu Warehousing Corporation (Represented By Its Chairman-Cum-Managing Director) Madras - Respondents
Writ Appeal No. 856 of 1995 and Civil Miscellaneous Petition No. 11061 of 1995
Decided On : 29 September 1995
Important Points
Subject
Service Law - SUSPENSION
Act Referred
Headnote
SUSPENSION - PUBLIC SERVANT - TAMIL NADU WAREHOUSING CORPORATION GENERAL AND STAFF REGULATIONS, 1965 - REGULATION 14(4) - ORDER OF SUSPENSION MUST STATE SPECIFIC REASONS - ORDER OF SUSPENSION QUASHED FOR FAILURE TO STATE SPECIFIC REASONS.
Fact of the Case:
The appellant, a Warehouse Manager in the respondent Corporation, was suspended from service pending an enquiry into charges of discrepancies in the issue of cement stock. He challenged the order of suspension, arguing that it was not passed in accordance with Regulation 14(4) of the Tamil Nadu Warehousing Corporation General and Staff Regulations, 1965, which requires the recording of specific reasons for suspension.
Finding of the Court:
The court held that the order of suspension was unsustainable in law as it did not state any specific reasons for the suspension, as required by Regulation 14(4) of the Regulations. The court also noted that the appellant had been suspended earlier on the same charges and that the order of suspension had been revoked. The court further held that the authority had not considered the gravity of the charges or the nature of the evidence against the appellant before passing the order of suspension.
Issues: Whether the order of suspension was passed in accordance with Regulation 14(4) of the Tamil Nadu Warehousing Corporation General and Staff Regulations, 1965.
Ratio Decidendi: The court held that the order of suspension was unsustainable in law as it did not state any specific reasons for the suspension, as required by Regulation 14(4) of the Regulations. The court also noted that the appellant had been suspended earlier on the same charges and that the order of suspension had been revoked. The court further held that the authority had not considered the gravity of the charges or the nature of the evidence against the appellant before passing the order of suspension.
Final Decision: The court allowed the writ appeal and quashed the order of suspension.
Srinivasan, J
1. This writ appeal is directed against the order of learned single Judge, dismissing the appellant's writ petition (Writ Petition No. 7993 of 1995, dated 21 July 1995). The appellant was working as Warehouse Manager in the respondent Corporation at Arani during the period between 8 April 1993 and 22 July 1993. Thereafter he was transferred to Polinaickenpettai Warehouse, Tuticorin. On 13 September 1993, he was served with a charge memorandum alleging discrepancies in the issue of cement stock at Arani Warehouse, in as much as there were variations of specimen signatures in the delivery orders and release order, etc. The said charge memorandum was issued under Regulation 12 of Tamil Nadu Warehousing Corporation General and Staff Regulations, 1965. It in not necessary to refer to the other facts, but suffice it to say that an order of suspension was made against him in R.C. No. 14541/K4/93, dated 15 December 1993 pending enquiry into the charges. He challenged the said order of suspension by filing Writ Petition No. 939 of 1994, which was dismissed on 21 April 1994. In spite of the dismissal of the said writ petition, the order of suspension, dated 15 December, 1993, by order, dated 7 June 1994 was revoked and thereafter, he was transferred and posted to work as Superintendent, Technical Section, Head Office at Madras.
2. The enquiry had not been commenced for some time. He submitted his explanation to the said charge memorandum, denying the charges levelled against him. By proceedings, dated 1 June 1995, the respondent appointed an enquiry officer to conduct an oral enquiry into the charges. Simultaneously by proceeding R.C. No. 00579/95/K4, dated 1 June 1995, the respondent suspended him from service pending enquiry unto the charges. It is the said order of suspension, which was challenged in the writ petition, out of which, the present with appeal arises.
3. The writ petition was dismissed by learned counsel single Judge of this Court by taking note of the various allegations made in the counter-affidavit by the respondent, regarding the nature of the position held by the appellant in Madras. Learned single Judge held that the order of suspension was not unreasonable or arbitrary. He directed the enquiry to be completed as expeditiously as possible and observed that if the enquiry is not completed within a period of four months from the date of the order passed in the writ petition, the employer shall review the order of suspension and consider revoking the same. It is against the said order, dated 21 July 1995, the present writ appeal is filed.
4. This writ appeal, has to be allowed on a very short ground. We find that regulation 14(4) of the relevant Regulations provides that the employees may be placed under suspension pending enquiry on grave charges, where such suspension is necessary in the interest of the Corporation or for facilitating enquiry into charges and that the reasons for such suspension should be recorded in detail. (emphasis is ours). The order, dated 1 June 1995, suspending the appellant reads in so far as it is relevant as follows :
"Whereas grave charges have been framed against Shri R.Shanmughan, Superintendent, I.A. Head Office, in the charge memo second cited above.
2. And whereas an enquiry into the grave charges framed in the chargememo second read above is pending.
3. And whereas in the circumstances of the case, it is necessary in the public interest to place the said Shri. R. Shanmugham, Superintendent, I.A. Head Office, under suspension from service.
4. Now, therefore, in exercise of the powers conferred under Regulation 14(4) of the Tamil Nadu Warehousing Corporation General and Staff Regulations, 1965, the said Sri R. Shanmugham, Superintendent, I.A. Head Office is placed under ad interim suspension with immediate effect" *
.
5. There is no reason given in the said order, except to state that the suspension is necessary in the public interest. The regulation contemplates "spe