The main legal point established in the judgment is the disapproval of prolonged suspension of a government servant facing criminal charges, especially when no disciplinary proceedings have been initiated, and the court's emphasis on the inability of a circular to override the law laid down by the Hon'ble Supreme Court.

JUDGMENT :

Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of Certiorarified Mandamus, calling for the records of the respondent in Na.Ka.No.8643/2014/C1, dated 02.12.2015, quash the same and consequently direct the respondent herein to post the petitioner in any non-sensitive post.

The instant writ petition is for a Writ of Certiorarified Mandamus, calling for the records of the respondent in Na.Ka.No.8643/2014/C1, dated 02.12.2015, and quash the same and consequently direct the respondent herein to post the petitioner in any non-sensitive post.

2. The petitioner was originally appointed as Driver with the Commissioner, Avadi Municipality and later on promoted as Revenue Assistant/Junior Assistant at Avadi Municipality. On 27.08.2014, the petitioner was caught for demanding illegal gratification of Rs.2,000/- He was arrested by the Directorate of Vigilance and Anti-Corruption. He was placed under suspension on 28.08.2014. A case has been registered against the petitioner under Sections 7, 12 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. Charge sheet has been filed before the Court of Chief Judicial Magistrate cum Special Judge, Tiruvallur in criminal case No.8 of 2014. The petitioner continues to be in suspension from 27.08.2014 till date. The petitioner has sent repeated representations to the respondent for revoking the suspension. The last representation of the petitioner has been rejected on 02.12.2015 (impugned order), stating that in view of the criminal case against the petitioner, the suspension cannot be revoked.

3. The petitioner has filed this writ petition primarily relying on the judgment of the Hon'ble Supreme Court in Ajay Kumar Choudhary Vs. Union of India reported in 2015 7 SCC 291, wherein the Hon'ble Supreme Court has deprecated prolonged periods of suspension.

4. On notice, the respondents have filed a counter. In the counter, it is stated that the petitioner was caught red-handed demanding and accepting bribe. It is stated that the grievance of the petitioner seeking release from suspension could not be considered as per the guidelines of Government of Tamil Nadu in letter No.4785/A/N/94-10 P&AR (N) Department, dated 05.01.1996 wherein it is specifically stated that it would be embarrassing to have a public servant on duty who is facing trial in criminal court for grave charges which would not only affect the morale of others in service but also would act as disincentive for the public servant, who are committed to honest conduct in public service.

5. Heard the counsel for the parties.

6. The learned counsel for the petitioner placed strong reliance on the judgment of the Ajay Kumar Choudhary Vs. Union of India (Supra). According to the petitioner, the suspension ought to be revoked in the light of the judgment of the Hon'ble Supreme Court of India in Ajay Kumar Choudhary Vs. Union of India (Supra). The petitioner also placed reliance on judgment in the case of State of Tamil Nadu Vs. Pramod Kumar, in Civil Appeal No.8427-8428 of 2018, wherein the Hon'ble Supreme Court placed reliance on the judgment of the Ajay Kumar Choudhary Vs. Union of India (Supra) and revoked the suspension. The petitioner also relied on another Division Bench judgment of this Court in M.Murugan Vs. The Deputy Inspector General of Police, in W.A.(MD).No.100 of 2017, wherein this Court after quoting extensively from the judgment of Ajay Kumar Choudhary Vs. Union of India (Supra), revoked the suspension and placed the petitioner therein, in the non-sensitive post.

7. On the other hand, the learned counsel for the respondent relies on a letter dated 26.04.2016, wherein the P&AR (N) Department, has given instructions to Secretary, after the judgment of the Hon'ble Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India (Supra). Instructions have been given in the said letter that the suspension of persons facing grave criminal charges should not be mechanically revoked