Government must review prolonged suspensions per G.O. guidelines, ensuring timely disciplinary proceedings and public interest.

O R D E R

Heard Mr.S.Gokulraj, learned counsel for the petitioner and Mr.S.Shajibino, learned Special Government Pleader appearing for the respondents.

2. The petitioner herein, while working as a Village Administrative Officer, was placed under suspension by proceedings dated 14.05.2025, as he was involved in a criminal case and was arrested in Crime No.10 of 2025 under the provisions of the Prevention of Corruption Act, 1988, read with the Prevention of Corruption (Amendment) Act, 2018.

3. The said criminal case is stated to be still pending and is likely to take considerable time for conclusion. The petitioner appears to have submitted a representation dated 04.12.2025 seeking review of his promotion. Complaining of the inaction on the part of the respondents in considering the said representation, the petitioner has approached this Court by filing the present Writ Petition.

4. Mr.S.Shaji Bino, learned Special Government Pleader appearing for the respondents, submits that the case of the petitioner is required to be reviewed in terms of the guidelines laid down in G.O.Ms.No.81, Human Resources Management (N) Development Department, dated 04.08.2022 and therefore, appropriate orders will be passed reviewing the suspension of the petitioner.

5. In the light of the above, without going into the merits of the case, this Writ Petition is disposed of at the admission stage itself with the consent of both parties.

6. Through G.O.Ms.No.81, Human Resources Management (N)

Development Department, dated 04.08.2022, the Government has laid down certain guidelines with respect to the review of suspension, in the interest of the State as well as of the respective employees, in Paragraph

11 of the said G.O., which 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 felt essential. If the authority which initiated action in the first instance is the Head of the Department, the report has to be sent to Government.