Prolonged suspension without filing a charge sheet or initiating departmental proceedings is unjustifiable and unsustainable in law.

JUDGMENT :

D. KRISHNAKUMAR, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the first respondent vide Na. Ka. No. 7084/2018/A1 dated 14.1.2020 and consequential order of the first respondent vide proceedings Ref. No. 7084/2018/B1 dated 25.8.2018 and to quash the same and direct the first respondent to reinstate the petitioner in service with all attendant benefits.

1. The petitioner, challenging the impugned order of the first respondent dated 14.1.2020 in and by which the petitioner's request seeking to revoke the order of suspension, came to be rejected, has filed the present writ petition.

2. The case of the petitioner is that he joined service in the Revenue Department as Village Administrative Officer, through Tamil Nadu Public Service Commission on 20.04.2012. The petitioner was trapped and arrested by the Vigilance and Anti Corruption, Erode on 24.08.2018 at 13.30 hours for the alleged demand and acceptance of bribe of Rs. 7,000/- for issuance of Possession Certificate. The petitioner was placed under suspension, vide order of the first respondent dated 25.08.2018, on account of lodging of FIR by the Inspector of Police, Vigilance and Anti Corruption, Erode in FIR No. 4/AC/2018 dated 23.08.2018.

3. According to the petitioner, though the FIR was lodged on 23.08.2018, till date charge sheet has not been filed in the criminal case and he has not been issued with any charge memo and therefore, he submitted a representation dated 18.02.2019 seeking revocation of suspension followed by another representation dated 09.08.2019. Aggrieved by the inordinate delay in prolonging the suspension, the petitioner has filed W.P. No. 33966 of 2019 and vide order dated 06.12.2019, this Court directed the respondent to consider the representation of the petitioner dated 09.08.2019 and to pass orders within a time frame. In compliance of the order passed by this Court, the first respondent has passed the impugned order dated 14.01.2020 stating that suspension cannot be revoked on account of the Government Letter dated 26.04.2016. Challenging the same, the petitioner has filed the present writ petition.

4. Mr. S. Vijayakumar, learned counsel for the petitioner contended that the first respondent is bound to review the order of suspension once in three months as per the decision of the Hon'ble Apex Court in Ajay Kumar Choudhary vs. Union of India, (2015) 7 SCC 291 and whereas, in the case on hand the order of suspension is prolonging till date and it is more than 4 years, since the order of suspension. The learned counsel for the petitioner further contended that in the impugned order, the first respondent has merely relied upon the Government letter dated 26.04.2016 and conveniently overlooked and ignored the earlier order passed by this Court as well as the Hon'ble Supreme Court and therefore, the impugned order is unsustainable and untenable in law.

5. Mr. C. Selvaraj, learned Additional Government Pleader for the respondents has drawn the attention of this Court to the counter affidavit of the first respondent wherein it has been stated that the petitioner was suspended after an FIR was registered against the petitioner by the Inspector of Police, Vigilance and Anti Corruption, Erode and trapped and remanding the petitioner for obtaining bribe and since he was remanded to judicial custody, he was suspended as per the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The delay in filing the charge sheet is on the side of V&AC Department officials and not on the part of the respondents and since criminal case is pending against the petitioner, the petitioner cannot be reinstated as Village Administrative Officer as per Rule 17(e)(ii) of the Tamil Nadu Discipline and Appeal Rules and also relied on the guidelines issued in Government Letter (Ms) No. 43/N/2015-3, P&AR dated 26.04.2016. The learned Additional Government