A government employee cannot be suspended from service for an offence not connected with his service.

Headnote:
Fact of the Case:

The petitioner, an Office Attendant in the Municipal Corporation of Cochin, was convicted under Section 138 of the Negotiable Instruments Act and sentenced to imprisonment. He was released on bail by the revisional court. Consequently, he was suspended from service with effect from 10.01.2024. The petitioner challenged the suspension before the Tribunal, which directed him to approach the higher authorities.
Finding of the Court:

The court found that the petitioner was not suspended in connection with his service under the Local Self Government Institutions. The complaint was initiated by a private person and the proceedings were yet to be culminated and finalised. The matter was pending before the court in a revision petition and the court had stayed the suspension.
Issues: Whether the petitioner should be reinstated from suspension.
Ratio Decidendi: The court held that there was no reason to keep the petitioner under suspension and ordered his reinstatement forthwith, subject to any disciplinary proceedings.
Final Decision: The court disposed of the original petition and ordered the petitioner's reinstatement.

JUDGMENT

A. Muhamed Mustaque, J .

The petitioner is an Office Attendant working in the Municipal Corporation of Cochin. He has been convicted for an offence under Section 138 of the Negotiable Instruments Act by the Judicial First Class Magistrate Court-I, Kochi. In the execution of the sentence, he was arrested. Thereafter, he was released on bail by the revisional court. Consequent upon the conviction, he was suspended from service with effect from 10.01.2024. The suspension is still in force. He approached the Tribunal challenging the suspension. The Tribunal directed him to approach the higher authorities.

2. It is to be noted that the petitioner was not suspended in connection with the service under the Local Self Government Institutions.

3. The complaint was initiated by a private person.

The proceedings are yet to be culminated and finalised.

The matter is now pending before this Court in a revision petition and this Court stayed the suspension. In such circumstances, we are of the view that there is no reason to keep him under suspension, he shall be ordered to be reinstated forthwith, subject to any disciplinary proceedings.

The original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

SHOBA ANNAMMA EAPEN JUDGE ln APPENDIX OF OP(KAT) 98/2024 PETITIONER'S ANNEXURES:

ANNEXURE A1 A TRUE COPY OF THE APPOINTMENT ORDER DATED

25.01.2000 ISSUED BY THE DEPUTY SECRETARY OF LOCAL SELF GOVERNMENT DEPARTMENT.

ANNEXURE A2 THE TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT ON CRL.R.P NO1014/2023 DATED

13.10.2023.

ANNEXURE A3 TRUE COPY OF THE REPRESENTATION MADE BEFORE THE 3RD RESPONDENT ON 17.10.2023.

ANNEXURE A4 THE TRUE COPY OF THE TREATMENT CERTIFICATE OF THE YOUNGER SON OF THE APPLICANT DATED 17.07.2014 ISSUED BY DR,LATHA PILLAI, GENERAL HOSPITAL ERNAKULAM.

EXHIBIT P1 TRUE COPY OF THE O A (EKM)NO.99/2024 DATED

17.01.2024.

EXHIBIT P2 TRUE COPY OF THE ORDER OF O.A.(EKM)

NO.99/2024 DATED 24.01.2024.

EXHIBIT P3 TRUE COPY OF THE SUSPENSION ORDER ISSUED BY PRINCIPAL DIRECTOR, LOCAL SELF GOVERNMENT DEPARTMENT ORDER NO. LSGD/PD/62507/2023-

VIGC4 DATED 10.01.2024.

EXHIBIT P4 TRUE COPY OF THE SUBMISSIONS DATED 31.01.2024 MADE BY THE PETITIONER TO THE RESPONDENTS.

EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT CARD

31.01.2024.

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