The court directed the government to pay the subsistence allowance to a revoked suspended officer and mandated the conclusion of disciplinary proceedings within a specific timeframe.

Prayer :

Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus to call for the records in G.O. (2D)No.219 dated 19.7.2025 on the file of the 1st respondent and quash the same as arbitrary, unjust, whimsical and untenable and consequential charge memorandum issued in PR.74/2025(MLD Dist) dated 8.11.2025 on the file of the 3rd respondent and consequently direct the 1st respondent to reinstate the petitioner into service with all the consequential service and monetary benefits upto till date

ORDER

This Writ Petition has been filed praying to quash the G.O. (2D)No.219 dated 19.7.2025 on the file of the 1st respondent and the consequential charge memorandum issued in PR.74/2025(MLD Dist) dated 8.11.2025 on the file of the 3rd respondent and consequently to direct the 1st respondent to reinstate the petitioner into service with all the consequential service and monetary benefits upto till date.

2. The learned Senior Counsel appearing for the petitioner would submit that the petitioner was initially appointed in the post of Sub Inspector of Police in the year 1996 and subsequently promoted to the rank of Inspector in the year 2005 and he was further promoted to Deputy Superintendent of Police in the year 2018. He rendered unblemished meritorious service in the police department as well as Human Rights Commission and at the time of suspension he was employed in Prohibition of Enforcement Wing. He was placed under suspension on the ground he gave a Press statement to TV channels, which was disrespectful to higher officials. Though the same was denied by him, he was placed under suspension on 19.07.2025. Till date, the suspension order has not been revoked, thereby the present writ petition has been filed.

3. The learned Senior Counsel appearing for the petitioner would further submit that even a suspension order ensures payment of subsistence allowance. However, subsistence allowance has not been paid and suspension order has not been revoked. This Court by order dated 21.01.2026, issued a direction to respondents 1 to 5 & 7 to take a decision with regard to revocation of suspension order, pursuant to which suspension order was revoked on 02.02.2026 vide GO.(2D)No.48 Home (Police.2) Department dated 02.02.2026 and the same was received by the petitioner on 04.02.2026. Therefore, this Court may issue a direction to respondents 1 to 5 & 7 to settle the subsistence allowance to the petitioner, if the same has not been settled already and to conclude the disciplinary proceedings within a period of six months.

4. The learned Additional Advocate General appearing for respondents 1 to 5 & 7 would submit that pursuant to the direction issued by this Court, suspension order was revoked vide GO.(2D)No.48 Home (Police.2) Department dated 02.02.2026 and the subsistence allowance will be paid within a period of four weeks, if not already paid. However, the disciplinary proceedings will be concluded within a period of six months after settlement of the subsistence allowance.

5. Heard, the learned Senior Counsel appearing for the petitioner and the learned Additional Advocate General appearing for respondents 1 to 5 & 7.

6. Suspension order was revoked subsequently vide GO.(2D)No.48 Home (Police.2) Department dated 02.02.2026 and the same is not disputed. The learned Additional Advocate General appearing for respondents 1 to 5 & 7 fairly submitted that the entire subsistence allowance will be paid within a period of four weeks, if not already paid. The same is recorded. Hence, this writ petition is dispo