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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs. Justice N.Mala, J
G.Shanmugathai – Appellant
Versus
Director of School Education (Elementary) – Respondent
ORDER :
N.Mala, J.
Writ petition is filed challenging the impugned order dated 11.06.2019.
2. The petitioner was working as a Head Master and posted in the Panchayat Union Primary School, Pannaikinaru. While so, a criminal complaint was lodged by one Mohan, against the Limited Liability Partnership Company named as Rich India Agro Tech Ltd. wherein, the petitioners husband was one of the partners in the said company. In pursuance of the criminal complaint, an F.I.R was registered against the petitioner and her husband on 02.06.2019, under Sections 406, 420 , 120(B) of Indian Penal Code , 1860 and Section 5 of the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act , 1997. The petitioner was ranked as Accused No.6 and her husband was ranked as Accused No.3. The petitioner was remanded to judicial custody on 04.06.2019. As the petitioner was imprisoned for more than 48 hours, she was placed under suspension under Clause(2) of sub-rule (e) of Rule 17 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules , by the impugned order of the 3rd respondent dated 11.06.2019. The petitioner was placed under suspension for nearly 1 ½ years without the subsis
Prolonged suspension of a government servant without timely review violates established legal principles, necessitating prompt disciplinary proceedings.
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.
Point of Law : Mandate of an outer limit of 3 (three) months is only for the purpose of drawing up a departmental proceeding and the requirement to undertake an exercise of review prior to the said p....
Prolonged suspension of an employee without substantial evidence post-disciplinary proceedings is arbitrary and unjustified.
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
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