The court upheld the authority's discretion to continue suspension in the context of a pending criminal proceeding, considering the seriousness of the charges and the need for further proceedings.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to revoke the suspension order vide R.C.No.828/A32023, dated 26.02.2023 by considering the petitioner''s representation, dated 13.07.2023 in the light of G.O(MS)No.81, Human Resources Management (N) Department, dated 04.08.2022 and consequently, directing the third respondent to pay subsistence allowance during the suspension period from 26.02.2023 to till date.)

1. The present Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus, to direct the second respondent to revoke the suspension order vide R.C.No.828/A32023, dated 26.02.2023 by considering his representation, dated 13.07.2023 in the light of G.O(MS)No.81, Human Resources Management (N) Department, dated 04.08.2022 and consequently, to direct the third respondent to pay subsistence allowance to him during the suspension period from 26.02.2023 to till date.

2. Heard Mr.A.B.Jeeva, learned counsel appearing for the petitioner and Mr.N.Ramesh Arumugam, learned Government Advocate appearing for the respondents and perused the materials available on record.

3. The petitioner had worked as a Secondary Grade Teacher before the Panchayat Union Primary School, Keezhambal, Bogalur Union, Ramanathapuram District. Though he has received several awards including the National Best Teacher Award, on 24.02.2023 he was arrested by the CBI authorities, Madurai in connection with his brother''s criminal case. Thereafter, the second respondent suspended him from service vide proceedings, dated 26.02.2023. The CBI, ACB, Madurai, registered the F.I.R in Crime No.RC 229 of 2021/A/0001 for the offences under Sections 120(b) and 420 of I.P.C r/w Section 13(2), 13(1)(d) of the Prevention of Corruption Act, 1988, against his brother one Panchatcharam, who was arrayed as Accused No.1 and in the same case, the petitioner was arrayed as Accused No.3. Pursuant to the same, on 24.02.2023, the CBI arrested the petitioner and remanded him to judicial custody and the petitioner was enlarged on bail on 14.06.2023. After being released on bail, the petitioner made a representation, dated 13.07.2023 to the respondents seeking to revoke his suspension order in the light of G.O(MS)No.81, Human Resources Management (N) Department, dated 04.08.2022 and also to direct the third respondent to pay subsistence allowance. The said representation was not considered and hence, this Writ Petition came to be filed.

4. The learned counsel appearing for the petitioner relying upon G.O(MS)No.81, Human Resources Management (N) Department, dated 04.08.2022, submitted that immediately after filing this Writ Petition, the respondents have provided him with subsistence allowance, however, his suspension was not revoked and since already more than five months has elapsed from the date of his suspension ie. from 26.02.2023, necessarily his suspension should be revoked in the light of the aforesaid G.O, for which, he relied upon paragraph Nos.3 to 5 of the aforesaid G.O(MS)No.81, Human Resources Management (N) Department, dated 04.08.2022, which is extracted as follows:-

“3. In the Government letter third read above, based on the directions of the Hon''ble Supreme Court of India in Ajay Kumar Choudhary Vs Union of India through its Secretary and Another in Civil Appeal No.1912 of 2015 (Arising out of SLP (C) No.31761 of 2013) dated 16.02.2015, the Departments of the Secretariat and the Heads of Department were requested to follow the directions ordered by the Hon''ble Supreme Court on the limitations in the period of suspension in letter and spirit as follows:-

i) The currency of a suspension order should not extend beyond three months, if within this period the Memorandum of Charges/ Charge Sheet is not served on the delinquent officer/employee.

ii) If the Memorandum of Charges / Charge sheet is served, a