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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MR. JUSTICE BATTU DEVANAND, J
S. Pandiaraj – Appellant
Versus
The Managing Director – Respondent
ORDER :
(BATTU DEVANAND, J.)
This writ petition has been filed challenging the order dated 02.02.2024 and consequential impugned rejection order dated 18.09.2024 on the file of the respondent No.1 and for consequential direction to the first respondent to revoke the suspension of the petitioner dated 02.02.2024 and reinstate the petitioner within the time period stipulated by this Court.
2. Heard the learned counsel for the petitioner and the learned Standing counsel appearing for the respondent Housing Board and perused the materials available on record.
3. The case of the petitioner is that while he was working as Executive Engineer and Administrative Officer at Ramanathapuram Housing Unit, he was kept under suspension by the respondents vide proceedings dated 02.02.2024 pursuant to the registration of a criminal case in Crime No.3 of 2024 dated 31.01.2024 by the DVAC, Ramanad under Section 7(a) of Prevention of Corruption Act, 2018 . The petitioner submitted a representation to the respondent on 05.07.2024 requesting to revoke the suspension order. As there is no reply from the respondents, the petitioner filed a writ petition in WP(MD)No.19143 of 2024 before this Court. This Court
Suspension of a government servant without a charge sheet for over 14 months is unjustified, and failure to follow procedural guidelines renders the suspension order invalid.
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.
Prolonged suspension of an employee without substantial evidence post-disciplinary proceedings is arbitrary and unjustified.
The revocation of suspension should be based on the facts of each case and the gravity of charges, and cannot be continued endlessly without initiating disciplinary proceedings.
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