Prolonged government servant suspensions must be reviewed periodically per G.O.Ms.No.81 guidelines, allowing revocation and non-sensitive posting.

ORDER

This writ petition has been filed seeking writ of mandamus directing the respondents to revoke the orders of suspension issued by the first respondent vide proceeding No.A1/7033/2025 dated

02.09.2025.

2.Consequent upon registration of a vigilance case in Crime No.

9 of 2025 dated 13.08.2025, the petitioner was arrested and remanded to judicial custody. The petitioner was placed under suspension through proceedings dated 02.09.2025 and he has been continuing under suspension till date. Under those circumstances, the petitioner claims to have submitted his representation dated 16.03.2026 requesting for review of suspension and for posting him at a non-sensitive post. Complaining against the inaction on the part of the respondents on the said representation, the petitioner has approached this Court by filing the present writ petition.

3.Mr.B.Ramanathan, learned Additional Government Pleader, fairly submitted that the suspension order issued against the petitioner on 02.09.2025 is required to be reviewed in the light of guidelines framed by the government at paragraph 11 in G.O.(Ms.)No. 81, Human Resources Management(N) Department dated 04.08.2022.

4. In the light of the above, without going into the merits of the matter, this Court is of the view that the respondents are under obligation to review the orders of suspension in the light of the guidelines issued at paragraph No.11 in G.O.(Ms.)No.81, Human Resources Management(N) Department dated 04.08.2022, 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 concemed 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.

(v) After the initial report referred to in item (iv) above, reports should be sent to Government at the end of every three months, indicating the further progress, so as to enable the Government to review the suspension and the progress of the case, for such action as may be necessary to ensure expeditious disposal.

(vi)