Government departments are legally obligated to periodically review suspension orders to prevent prolonged, indefinite suspensions that lack progress in disciplinary or criminal proceedings, which otherwise burdens the state exchequer without public interest justification.

ORDER :

Mummineni Sudheer Kumar, J.

Mr.K.K.Udayakumar, learned counsel for the Government, takes notice for the respondents.

2. With the consent of both sides, this writ petition is disposed of at the admission stage.

3. Heard the learned counsel for the petitioner and the learned counsel for the Government appearing for the respondents.

4. This writ petition has been filed for a mandamus directing the third respondent to revoke the proceedings bearing Rc.A2/13040/2025, dated 24.07.2025, issued by him, whereby the petitioner was placed under suspension consequent upon his involvement in a vigilance and anti-corruption case and his arrest therein.

5. Though the petitioner was placed under suspension as early as on 24.07.2025, as on date no disciplinary proceedings have been initiated nor there is any progress in the vigilance and anti-corruption case that was registered against the petitioner. Under those circumstances, the petitioner claims to have submitted a representation dated 26.05.2026 to the respondents requesting them to revoke the said suspension order. But, the same has not been considered by the respondents as on date. Hence, the petitioner has approached this Court by filing the present writ petition seeking the relief as noted above.

6. Prolonged suspension is unwarranted and it is deprecated by the Honourable Apex Court as well as this Court time and again. Taking the law of the land into consideration, the Government has also issued orders in G.O.(Ms) No.81, Human Resources Management (N) Department, dated 04.08.2022, laying down certain guidelines to avoid prolonged suspension. Paragraph No.11 of the said Government Order reads as under:

11.The Government, after careful examination, reiterates the guidelines issued in the Government Order second read above with slight modification as follows:

(i) The power of ordering suspension should be exercised carefully and with restraint. Before a suspension order is issued, the authority concerned must be clear in mind that it is necessary. Prolonged suspension means that Government pays a Government Servant without extracting any work from him. In view of the above position, the suspension should not be resorted to unless the concerned authority has considered all the relevant factors and recorded his reasoned conclusion that it is in the public interest to place the Government Servant under suspension.

(ii) Where a Government Servant has been suspended on disciplinary proceedings contemplated, such proceedings should be initiated immediately and finalized normally within a period of six months.

(iii) In cases, where a Government Servant has been suspended and the matter has been referred for investigation to the Director of Vigilance and Anti-Corruption for enquiry, the latter should complete the enquiry and send the report to Government through the Vigilance Commission within one year.

(iv) In respect of cases referred to under Items (ii) and (iii) above, the authority who ordered the suspension or the Director of Vigilance and Anti-Corruption, as the case may be, should before the expiry of the period of three months, report the matter to the Head of the Department / Government, indicating the progress of the disciplinary action / investigation by the Director of Vigilance and Anti-Corruption, the reasons for non completion of the work and the further time required for completing the disciplinary action / investigation and furnish reasons for continuing the suspension, if continued suspension is fell essential. If the authority which initiated action in the first instance is the Head of the Department, the report has to be sent t